AIYATHURAI PILLAI Vs. GNANAPRAKASA ODAYAR ALIAS MUTHUSAMI ODAYAR

JUDGEMENT

(1.) WE are constrained to differ from the learned Judge and to hold that the question of jurisdiction cannot be raised. The appellant before us presented his plaint on the Small Cause Side. The learned Judge allowed the present respondent to argue that no appeal from the decision of the District Munsif in the litigation that was initiated would lie, because the suit was of a Small Cause nature and the order of return for presentation on the ordinary side was wrong. The order was not appealed against and was obtained on respondent s objection. WE do not think, and have been shown no authority, that he was entitled at a later stage to object to the jurisdiction, which he had himself designated as the proper one.

(2.) THE learned Judge s decision is set aside and the civil revision petition remanded for re-hearing with reference to the other points taken in it. Costs to date will follow the result and be pro vided for in the order to be passed.