AMMASI KUTTI GOUNDEN Vs. APPALU ALIAS KRISHNASWAMI NAICKEN

JUDGEMENT

(1.) An objection has been taken that this is not a case in which we can interfere in the exercise of our revisional powers under Section 115 of the Code of Civil Procedure.

(2.) An objection was taken only at the hearing of the appeal in the lower Court that no decree should have been passed when the plaintiff had not produced a succession certificate.

(3.) The Subordinate Judge thereon decided that there was no necessity to send the case back to the lower Court and proceeded to set aside the District Munsif s decree and to dismiss the plaintiff s suit.