1917 (11) TMI 3

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..... e 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 the 8th February, 1905, in the Court of the Additional Subordinate Judge at Tanjore in the plaintiff's favour. 3. Against it the first defendant, Krishnasami Panikondar, prefe .....

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..... ot appear, but in the following November affidavits were filed controverting the material allegations in those on which delay had been excused. Further affidavits were subsequently filed on both sides. 7. The appeal thus admitted came on for hearing before a Division Bench of the Court on the 7th October, 1908, and at the outset it was objected that the appeal was out of time, and so not compet .....

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..... t, therefore, in common fairness be regarded as a tacit term of an order like the present that though unqualified in expression it should be open to reconsideration at the instance of the party prejudicially affected; and this view is sanctioned by the practice of the Courts in India. 9. But there remains the contention that, at any rate, the Court exceeded its jurisdiction in permitting the q .....

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..... he hearing of the appeal. 10. But while this procedure may have the sanction of usage, it is manifestly open to grave objection. It may, as in this case, lead to a needless expenditure of money and an unprofitable waste of time, and thug create elements of considerable embarrassment when the Court conies to decide on the question of delay. Their Lordships therefore desire to impress on the Cour .....

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..... ence, the learned Judges distrusted his explanatiou and held that sufficient cause had not been shown. The Court therefore declined to exercise in his favour the power to excuse delay. It has not been shown that in this the Court fell into any error, and their Lordships consequently decline to interfere with its decision. They will therefore humbly advise His Majesty that this appeal should be dis .....

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