KRISHNASAMI PANDIKONDAR Vs. RAMASAMI CHETTIAR

JUDGEMENT

(1.) ON November 4,1908, the High Court of Madras dismissed an appeal from an original decree on the ground that it was barred by limitation. From this order of dismissal the present appeal has been preferred, and in its support it has been contended, first, that the order was without jurisdiction and, secondly, that it was erroneous on the merits.

(2.) THE original decree was passed on February 8, 1905, in the Court of the additional Subordinate Judge at Tanjore in the plaintiff's favour. Against it the first defendant, Krishnasami Pandikondar, preferred an appeal to the Madras High Court. The last day for its presentation was July 10, when the Court reopened after vacation; but it was not presented until July 12, 1905. It was then returned to the appellant as out of time. It thus became necessary for the appellant to satisfy the Court that he had sufficient cause for not presenting his appeal within the prescribed period. He accordingly again presented his appeal on July 26, supported this time by affidavits purporting to explain the delay. The application for admission came before Sankaran Nair J., sitting as a single judge, and on July 31 he made an order in these terms: "Delay excused in the circumstances and appeal admitted."

(3.) THE appeal thus admitted came on for hearing before a Division Bench of the Court on October 7, 1908, and at the outset it was objected that the appeal was out of time, and so not competent. The Court, after an examination of the several affidavits, accepted this view and, on November 4, 1908, dismissed the appeal as provided by Section 4 of the Indian Limitation Act. A subsequent application for review failed.