N C KUPPUSWAMI IYENGAR Vs. NCNARAYANA IYENGAR

JUDGEMENT

(1.) THE learned Judge is right, in my opinion, as regards the scope of Section 115 of the Civil Procedure Code. I regret that I am unable (with the greatest respect) to agree with the decisions (each by a single learned Judge of this Court) reported as Ratnam alias Nanjunda Chetty v. Kolandai Ramasamy Chetti 31 Ind. Cas. 536; 2 L.W. 1115, Naraya Hegde v. Vetla Prabhu 12 Ind. Cas. 75; 10 M.L.T. 281; 21 M.L.J. 1020; (1911) 2 M.W.N. 239 and Subramania Pattar v. Narayana Pattar 28 Ind. Cas. 189; 2 L.W. 230. THE case of Shew Prosad v. Ram Chunder 23 Ind. Cas. 977; 41 C. 323, deals with the scope of Section 115 of the Civil Procedure Code in a manner which appeals to my mind as enunciating the correct legal principles.

(2.) I would dismiss the appeal with costs. Napier, J. 2. I agree both with the above ruling and also with the dissent from the cases referred to.