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Report No. 45

12. Questions of private importance.-

What is meant by great private importance1 could be illustrated by two Madras cases. In the first of them,2 the actual pecuniary amounts in appeal were small (Rs. 400 and Rs. 600); but the Zamindar, who was one of the parties, contended that the question was one of great private importance to him, because there were many other persons in the zamindari holding under the zamindar whose rights were governed by documents similar to those construed by the Court in these cases.

Application for leave to appeal to the Privy Council under section 109(c), of the Code of Civil Procedure was refused by the Madras High Court, on the ground that private importance means private importance to both parties and not to only one of them. On the other hand, in a later case, where there were disputes between two temples of considerable antiquity and of considerable importance, leave was granted because the question whether the decision of the High Court was right or wrong was a matter of "considerable private importance to both parties and almost of public importance".

1. Para. 11, supra.

2. Sathupathi v. Tiruneelakantam, AIR 1923 Mad 232 (235).

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