CHINNASAMI PILLAI Vs. KARUPPA UDAYAN

JUDGEMENT

(1.) On behalf of the respondent, it is objected that no second appeal lies in this case, inasmuch as the decision of the Subordinate Judge appealed against was not an adjudication, upon the right claimed or the defence set up, falling under Section 2 of the Civil Procedure Code and therefore not a 'decree' but that it was an 'order' directing the return of the plaint and therefore the appeal should have been preferred under Section 588 of the Civil Procedure Code.

(2.) We think this contention is well founded and we are unable to agree with the view taken in Bindeshri Chaubey v. Nandu, I.L.R. 3 All. 456 .

(3.) However, the case is one in which all that is required to be done to put matters right is a mere formal amendment in the petition of appeal, which we allow the appellant to make.