KANNI Vs. VISWANATHA CHETTIAR

JUDGEMENT

(1.) OUR learned brother Ramaprasada Rao J. has thought it necessary to make a reference to a Bench for a decision upon the following question:--

(2.) THE matter accordingly comes before this Court for the decision of the question of what may be described as one of jurisdiction, that is, whether after having issued notice to the respondent, the Court, before which the appeal memorandum is filed, can proceed to reject the application, not on the question of pauperism but for the reason that the decision is not contrary to law or erroneous or unjust.

(3.) TO our minds, Order 44, Rule 1 (2), is perfectly clear and it does not appear to us to be capable of admitting any discussion upon what it expected of the Court before which the appeal memorandum is filed. It says thus: