Bollapragada Garu Narayana Rao, … vs Bollapragada Janaki Ramiah Garu on 7 May, 1908

Madras High Court
Bollapragada Garu Narayana Rao, … vs Bollapragada Janaki Ramiah Garu on 7 May, 1908
Equivalent citations: 4 Ind Cas 1130
Author: Miller
Bench: Miller


JUDGMENT

Miller, J.

1.The District Munsif had, in my opinion, jurisdiction to revise his order, and though the second order which he made purports to be under Chap. VII of the Civil Procedure Code, I ought not to interfere, under Section 622, if the result has been reached and that which was irregularly done has been set right. Vide Narayanasami v. Natesa 16 M. 424.

2. It seems to me in the first instance the District Munsif might perhaps have proceeded under Section 158, but he did not, as a matter of fact, decide the suit on the evidence before him, but expressly and wrongly proceeded under Section 177. He had jurisdiction to review this wrong order for sufficient reason.

3. The petition is dismissed with costs.

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