SRINIVASA AYYAR ALIAS SRINIVASA AYYANGAR Vs. BOARD OF COMMISSIONER FOR THE HINDU RELIGIOUS ENDOWMENTS

JUDGEMENT

(1.) A decision by the District Judge under Section 84 (2) of the Madras Hindu Religious Endowments Act II of 1927 has been held to be not appealable under a recent Full Bench decision of our High Court in Appeal No. 574 of 1931 given on April 11, 1933: Rajagopala Chettiar V/s. Hiridu. Religious Endowments Board, Madras This is an appeal against an order refusing to set aside the dismissal of the application under the aforesaid s. 84 for default. According to Order XLIII, Rule 1, clause. (c), an appeal would lie against such an order only in a case open to appeal.

(2.) WE therefore, hold that the Civil Miscellaneous Appeal is incompetent and dismiss it with costs (Two sets).