|
|
 |
(1947) 2 MLJ 208 (PC)
PRIVY COUNCIL
Present : Lord Simonds, Lord Uthwatt and Sir John Beaumont.
Case Number(s) : P.C. Appeal No. 11 of 1946.
Judgement Date :
Wednesday 02nd of July 1947
| AL. AR. Vellayan Chettiar (deceased) and others | .....Appellant(s) | | Versus | | | The Government of the Province of Madras, through the Collector of Ramnad at Madura, and another | .....Respondent(s) |
Civil Procedure Code (V of 1908), section 80 — Notice under, on behalf of one plaintiff — Suit, if can be instituted by him and another — Right to notice as required by section 80 — If can be waived — Plea of implied waiver and estoppel — Onus — Suit filed in wrong Court — Defendant raising only the question of want of jurisdiction — Suit subsequently filed in the proper Court — Defendant raising the plea of want of proper notice at that stage — If estopped from raising it.
Cases Referred
Appa Rao v. Secretary of State for India A.I.R. 1935 Mad. 389 : [1930] 59 M.L.J. 923
Bhagchand Dagadusa v. Secretary of State for India L.R. 54 I.A. 338; I.L.R. 51 Bom. 725 (P.C.) : [1927] 53 M.L.J. 81
Bhagchand Dagadusa v. Secretary of State for India L.R. 54 I.A. 338; I.L.R. 51 Bom. 725 (P.C.) : [1927] 53 M.L.J. 81
Gaekwar Baroda State Railway v. Hafiz Habib-ul-Haq L.R. 65 I.A. 182 : 1938] 2 M.L.J. 11
Oops. Login required for Full Text of Judgment.
You are not Logged in. Kindly Login.
If you are a new user then Register.
|
|
 |
|
 |
