LAWS(MAD)-1953-4-54

IN RE: T.K. RATNA MUDALIAR Vs. STATE

Decided On April 21, 1953
In Re: T.K. Ratna Mudaliar Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) AN appeal is sought to be preferred under Clause 15 of the Letters Patent against an order of Subba Rao J. refusing to transfer O. S. No. 20 of 1951 from the file of the City Civil Court, Madras, to the Original Side of this Court to be heard along with a suit pending on the file of this Court, and staying the suit on the file of this Court until the disposal of the suit in the City Civil Court.

(2.) ON the authorities, it is clear that the appeal is not maintainable. Neither the order refusing to transfer a suit from the file of the City Civil Court to this Court, nor an order staying a suit pending in this Court is a "judgment" within the meaning of Clause 15 of the Letters Patent. See - - 'Narasa Reddi v. Tar Mahommed', : AIR 1928 Mad 209 (A) and - -'L. P. A. No. 74 of 1950 (Mad)' (B).

(3.) THE appeal is not competent. The papers will therefore be returned to the party.