Srinivasa Ayyar Alia... v. The Board Of Commiss...

1. A decision by the District Judge under Section 84 (2) of the Madras Hindu Religious Endowments Act II of 1927 has been held to be not appealable under a recent Full Bench decision of our High Court in Appeal No. 574 of 1931 given on April 11, 1933: Rajagopala Chettiar v. Hiridu. Religious Endowments Board, Madras 147 Ind. Cas. 614 : 6 R.M. 362 : (1933) M.W.N. 1385 : 66 M.L.J. 43 : 39 L.W. 4 : A.I.R. 1931 Mad. 103 (F.B.) This is an appeal against an order refusing to set aside the dismissal of the application under the aforesaid s. 84 for default. According to Order XLIII, Rule 1, clause. (c), an appeal would lie against such an order only in a case open to appeal.