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
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