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Palaniappa Chetti v. Chidumbaram Pillai

Palaniappa Chetti
v.
Chidumbaram Pillai

(High Court Of Judicature At Madras)

No. | 31-08-1915


[1] An order for staying the farther trial of a suit is similar to an order adjourning the trial of the suit and the observations in the judgments pronounced in the Full Bench case Tuljaram Row v. Alagappa Chettiar 8 Ind. Cas. 340 [LQ/MadHC/1910/372] : 35 M. 1 : (1910) M.W.N. 696 : 8 M.L.T. 4453 : 21 M.L.J. 1 indicate that an order adjourning the trial of a suit is not a judgment from which, when such order is passed by a single Judge of this Court, an appeal lies to a Bench. We, therefore, uphold the preliminary objection and dismiss this Letters Patent Appeal with costs.

Advocates List

For the Appearing Parties -------

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE SADASIVA AIYAR

HON'BLE JUSTICE MR. NAPIER

Eq Citation

30 IND. CAS. 942

AIR 1916 MAD 745 1

LQ/MadHC/1915/365

HeadNote

Constitution of India — Art. 134 — Letters Patent Appeal — Maintainability — Stay of trial of suit — Whether an order adjourning the trial of the suit is a judgment from which, when such order is passed by a single Judge of Supreme Court, an appeal lies to a Bench — Held, it is not a judgment from which, when such order is passed by a single Judge of Supreme Court, an appeal lies to a Bench — Preliminary objection, therefore, upheld and Letters Patent Appeal dismissed with costs