KOLLIPARA SEETAPATY Vs. KANKIPATY SUBBAYA

JUDGEMENT

(1.) WE are unable to agree with the view taken by the learned Judges in Parameshwaran Nambudiri V/s. Vishnu Embrandri 27 M. 479, as regards the appellate decision in that case. As the decision of the Appellate Court in the case before us was made without jurisdiction, we think this Court is bound to set it aside. As regards the decision of the appellate Court, we think the cases Ramasamy Chettiar V/s. R.G. Orr 26 M. 176, and Shankarbhai V/s. Somabhai 25 B. 417, were rightly decided. WE would answer the question which has been referred to us in the affirmative.