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TMI Blog1964 (10) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the decree holder, the decree was transmitted to Sub-Court, Coimbatore, for execution. The decree-holder then filed E.P. 154 of 1959 on the file of the Sub-Court, Coimbatore, for execution. When an objection was taken by the judgment debtor, the respondent herein that the petition was barred by limitation, the petition was dismissed. 3. The petitioner filed an appeal straight to the High Court, Madras, as he was under the impression that, as the amount in the execution petition, was more than Rs. 10000, the appeal lies only in this court. The office in the High Court took objection that the appeal does not lie to the High Court, but only to the District Court. When the matter was placed before the court at the instance of the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he normal period of limitation. The learned Judge should have followed the principle laid down in Brij Indar Singh v. Kanshi Ram ILR 45 Cal 94: AIR 1917 PC 156, where Lord Dunedin observed: We think the true guide for a court in the exercise of this discretion is whether the appellant has acted with reasonable diligence in prosecuting his appeal . 5. The learned counsel cited a decision reported in Sundar Bai v. Collector of Belgaum ILR 43 Bom 376: AIR 1918 PC 135 where the facts are almost similar: An appeal from a Subordinate Judge from its nature should rightly have been presented to the District Court and not to the High Court, But the appellant had acted on mistaken advice in filing an appeal direct to the High Court. The High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urned to the appellant for presentation to the District Court immediately after the reopening of that court. There can be no question of limitation as the appeal to this court was preferred within even the time allowed by law for preferring the appeal to the District Court. In the other cases, however, the appeal would be out of time if it is now presented to the District Court. But having regard to the circumstances of the case and the fact that it was filed in this court within the 90 days allowed by law, any delay in the circumstances should be excused. The papers will be returned to the appellant to be presented to the District Court . In another case reported in S.J. Nathan In re (1958)1MLJ9 an appeal which ought to have been filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judge has not exercised his jurisdiction to see whether there was sufficient cause for not presenting the appeal in the District Court. 8. In Krishna v. Chathappan, ILR (1890) Mad 269 it was held the words, sufficient cause must be liberally construed so as to advance substantial justice particularly when no negligence nor inaction nor want of bona fides is imputable to the appellant. 9. In Kayambu Pillai v. Court of Wards, Trichinoploy, AIR 1942 Mad 170 Abdur Rahman J. after referring to ILR (1890) Mad 269 held that the equities on which S. 14 is based may be taken into account though the section may not in terms be applicable. The existence of circumstances mentioned in S. 14 therefore constitutes a sufficient ground for excusin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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