NANJUNDIER Vs. TVENKATA RAO

JUDGEMENT

(1.) THE appeal ought to have been presented under Section 588 of the Civil Procedure Code. We allow the heading to lie amended and hear it under that section. We think that in this case the plaintiff could not have obtained all the reliefs he sought for without asking for a declaration. THE decision in Ramachandrier V/s. Nur Mukammad Noorullah Sahib 30 M. 101 : 1 M.L.T. 314 : 16 M.L.J. 477 (F.B.), therefore, does not apply. We allow the appeal and direct the lower Court to re-place the case on its file and dispose of it according to law.

(2.) COSTS will abide the result.