KULASEKARA NAICKER Vs. JAGADAMBAL AMMAL

JUDGEMENT

(1.) ACCEPTING the interpretation put upon the word judgment in Clause 15 of the Letters Patent in Tuljaram Row v. Alagappa Chettiar (1910) I.L.R. 35 Mad. 1 : 21 M.L.J. 1, the most recent decision on the subject of a Full Bench of this Court, we think that an order as to costs is not the leas a judgment within the meaning of Clause 15 of the Letters Patent because it relates to costs only. We do not think that the observations of Sir Arnold White, Chief Justice, in the later case in Numberumal Chettiar v. Krishnajee (1914) 26 M.L.J. 357, are opposed to this view. The one earlier decision of the Full Bench in Saravana Mudaliar v. Rajagopal Chetty (1903) 17 M.L.J. 569 (F.B.), was binding on the Bench in that case and the learned Chief Justice merely distinguished it by showing that it was inapplicable to the facts of that case. We answer the question in the affirmative.