Muttiah vs Perumal Chetty – clr volume 2 page 180

In the case between Muttiah (Plaintiff) and Perumal Chetty (Defendant), the court addressed whether an order refusing to strike out a count from the plaint—based on the authority of a proctor acting under a proxy—constituted an appealable order. The court determined that the District Judge’s order, which disallowed the defendant’s motion (with liberty to renew), was not subject to appeal. The holding reaffirmed the principle that interlocutory orders that do not dispose of substantive rights are generally not appealable. The decision endorsed established procedural rules and emphasized the need to challenge pleadings at the earliest possible stage. The defendant’s appeal was dismissed and costs were ordered accordingly.

Lawrie A.C.J. — The procedural record established that the defendant