TIRUMALACHETTI RAJARAM versus TIRUMALACHETTI RADHAKRISHNAYYA CHETTY

TIRUMALACHETTI RAJARAM versus TIRUMALACHETTI RADHAKRISHNAYYA CHETTY

A decree of the High Court which makes any variation, however small, in the decision of the trial court is not a decree of affirmance within the meaning of Article 133(1) of the Constitution. This is to be determined by comparing the appellate decree in its entirety with that of the lower court. The judicial right of appeal must be construed by giving the words of the constitutional provision their plain grammatical meaning.

Parties
Appellant: Tirumalachetti Rajaram; Respondents: Tirumalachetti Radhakrishnayya Chetty and others
Jurisdiction
India
Judgment Date
27 April 1961
Procedural Posture
Civil Appeal by Special Leave / Appeal From Judgment and Decree of the Andhra Pradesh High Court Dated January 9, 1958 in Appeal No. 211 of 1949
Outcome
Appeal allowed
Legal Topics
Appeal to Supreme Court, Certificate of Fitness, Decree of Affirmance, Article 133(1) of the Constitution
Civil Procedure Constitutional Law Appeal to Supreme Court Certificate of Fitness Decree of Affirmance Article 133(1) of the Constitution

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Parties

Tirumalachetti Rajaram

Appellant

Tirumalachetti Radhakrishnayya Chetty and others

Respondents

Procedural Posture

Civil Appeal by Special Leave / Appeal From Judgment and Decree of the Andhra Pradesh High Court Dated January 9, 1958 in Appeal No. 211 of 1949

Legal Issues

  1. 1 Whether an appellate decree which makes a variation in the decision of the trial court in favour of the appellant can be said to affirm the decision of the trial court under Article 133(1) of the Constitution

Ratio Decidendi

A decree of the High Court which makes any variation, however small, in the decision of the trial court is not a decree of affirmance within the meaning of Article 133(1) of the Constitution. This is to be determined by comparing the appellate decree in its entirety with that of the lower court. The judicial right of appeal must be construed by giving the words of the constitutional provision their plain grammatical meaning.

Court Disposition

Appeal allowed

Orders

  • The order of the High Court refusing a certificate under Article 133(1) is set aside.
  • The matter is remanded to the High Court for disposal according to law.