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Venkatappayya and ors. Vs. Venkatapathi and ors. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Reported in(1897)7MLJ84
AppellantVenkatappayya and ors.
RespondentVenkatapathi and ors.
Excerpt:
.....that time was essence of contract. - 'on the perusal of the application' clearly indicate nothing else than that perusal is required of the judge before giving his sanction......that the general principles of justice as to hearing the other side is applicable to this case, since the words in the section. 'on the perusal of the application' clearly indicate nothing else than that perusal is required of the judge before giving his sanction. these words render untenable the position that the judge is bound to do more, that is in the way of giving notice, hearing parties, and so on, if the application itself satisfies him. if any such regular preliminary enquiry had been intended the language of the section must have been very different.2. we, therefore, hold the judge was wrong in considering the sanction void for want of notice prior to its being granted.3. we reverse his decree and remand the suit for disposal according to law. costs to abide and follow the.....
Judgment:

1. We do not think that the general principles of justice as to hearing the other side is applicable to this case, since the words in the section. 'on the perusal of the application' clearly indicate nothing else than that perusal is required of the Judge before giving his sanction. These words render untenable the position that the Judge is bound to do more, that is in the way of giving notice, hearing parties, and so on, if the application itself satisfies him. If any such regular preliminary enquiry had been intended the language of the section must have been very different.

2. We, therefore, hold the Judge was wrong in considering the sanction void for want of notice prior to its being granted.

3. We reverse his decree and remand the suit for disposal according to law. Costs to abide and follow the event.


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