CHINNATHAYAMMAL Vs. CHIKKANNA CHETTI

JUDGEMENT

(1.) The only ground of appeal with which we need deal is the ground of jurisdiction, viz., that the District Judge having heard the appeal in part and remanded issues for trial, he could not transfer the appeal to the Subordinate Judge.

(2.) The Advocate-General suggested that in this case the order of transfer was made by the High Court and not by the District Judge. Apparently, however, no order of transfer was made by the High Court. We must take it then the order was made by the District Court. That being so, the case is governed by the decision in Kumarasami Reddiar V/s. Subbaraya Reddiar (1900) I.L.R. 23 M. 324 We agree with this decision. We think it is more convenient to deal with the present case on the general principles on which Kumarasami Reddiar V/s. Subbaraya Reddiar (1900) I.L.R. 23 M. 324 was decided than - as the Advocate-General has invited us to do - to take into consideration the fact that in this particular case the individual District Judge, who heard the appeal in part and remanded the case for findings, was not the District Judge when the appeal was heard.

(3.) We must set aside the decree of the Subordinate Judge and remand the appeal to the District Judge to be dealt with according to law.