SWARNAVALLI ACHI Vs. PLNKMNAGAPPA CHETTIAR

JUDGEMENT

(1.) This is an application for leave to appeal to His Majesty in Council against a decision on appeal of this Court which reversed a decision of Kunhi Raman, J., given in the exercise of Ordinary Original Civil Jurisdiction of this Court which, in turn, reversed a decision of the learned Master.

(2.) The relevant facts are the following : A decree was passed by the Court of the Subordinate Judge of Devakottah in O.S. No. 112 of 1934 for approximately a sum of Rs. 9,000 together with interest and costs. That decree was transferred to this Court for execution. The learned Master, before whom the execution petition came, held that the petition was barred by the provisions of the law of limitation and dismissed the application. Kunhi Raman, J., reversed the learned Master's order and directed execution to issue. At the date of the disposal of the matter before the learned Judge a sum approximately of Rs. 13,000 was due in respect of the decree, the addition of about Rs. 4,000 representing further interest and costs in the suit and proceedings. The matter came before this Court on appeal and the conclusion was expressed that the execution petition was barred and it was dismissed.110 of the Code inasmuch as the amount or value of the subject-matter of the suit in the trial Court was less than Rs. 10,000 and he also conceded that the amount of additional interest and costs cannot be added to the amount of the decretal debt for the purpose of the ascertainment of the value in arriving at a conclusion whether an appeal to the Judicial Committee lies. Further, learned Counsel did not argue that the subject-matter of the appeal in respect of which this application is made can be brought within Clause (c) of Section 109 of the Code.

(3.) Mr. Viswanatha Sastri, however, contended that an appeal does lie by virtue of the provisions of Clause 39 of the Letters Patent. The relevant provisions of the Clause read as follows: ...any person or persons may appeal...in any matter not being of criminal jurisdiction from any final judgment, decree or order of the said High Court of Judicature at Madras...made on appeal, and from any final judgment, decree or order made in the exercise oforiginal jurisdiction by Judges of the said High Court, or of any Division Court from which an appeal shall not lie to the said High Court under the provisions contained in the 15 clause....