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Shaikh SirajuddIn Vs. Shiakh SharfuddIn and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1919All403(1); 50Ind.Cas.152
AppellantShaikh Sirajuddin
RespondentShiakh SharfuddIn and ors.
Excerpt:
civil procedure code (act v of 1908), section 151, order. xxvi, rule 14 - partition suit--time fisted for filing objections to commissioner's report--objections filed beyond time, dismissal of. - .....decide them before it made its final decree. we do not agree with this contention. the court had inherent power to fix a time within which objections were to be filed and if its order was not complied with, the court was fully, justified in refusing to hear the objections. the court was never asked to extend the time for the filing of objections, nor was it asked to adjourn the hearings. we dismiss the appeal with costs, including fees on the higher socle.
Judgment:

1. We think there is no force in this appeal. A preliminary decree for partition was made and a Commissioner was appointed to make the partition. He submitted his report on the 29th of January 1917 and on that date the Court ordered that the parties should file objections, if any, within ten days. Notice of this order was given to the Pleaders for the parties. The 10th of February 1917 was fixed for hearing. On that date the defendant-appellant, who had not filed any objections within the ten days, put in a petition of objections. The Court declined to hear them and made an order accepting the Commissioner's report and made a final decree. It is contended that the Court had no power to fix any particular period for the filing of objections arid that it was bound to hear and decide them before it made its final decree. We do not agree with this contention. The Court had inherent power to fix a time within which objections were to be filed and if its order was not complied with, the Court was fully, justified in refusing to hear the objections. The Court was never asked to extend the time for the filing of objections, nor was it asked to adjourn the hearings. We dismiss the appeal with costs, including fees on the higher socle.


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