High CourtsDivision Bench(1912) 05 MAD CK 0001

Chikkanna Chetty vs Chinnathoyeeammal

Madras High Court · Decided on 3 May 1912 · Citation: 16 Ind. Cas. 354

HON’BLE JUDGES
Sadasiva Aiyar, J · Abdur Rahim, J

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Judgment

7 paragraphs · 169 words
1.

We do not think that the judgment of the District Judge in the case answers the requirements of the law. The District Munsif was called upon to

submit findings on two questions, i.e. (1) whether the suit bond is genuine and valid as against 5th defendant? and (2) whether the suit bond is not

supported by consideration and evidences only a nominal transaction as alleged by the 5th defendant? The District Munsif returned his findings but

objections were taken to those findings by the appellant before the learned District Judge. He does not state what those objections are, nor, does

he deal with them. He simply says that he has perused the findings of the District Munsif on the issues remitted to him and heard both sides and

accepts the findings. This is not a judgment within the meaning of the law. We set aside the decree of the lower Appellate Court and remand the

appeal for disposal according to law. Costs will abide and follow the result.