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Vedavathi (Alias) Lakshmi Amma Vs. S. Sadasiva Rao and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1935Mad149; 153Ind.Cas.167; (1935)68MLJ65
AppellantVedavathi (Alias) Lakshmi Amma
RespondentS. Sadasiva Rao and anr.
Cases ReferredCouncil v. Gopisetti Narayanasami Naidu I.L.R.
Excerpt:
- .....to her, under this court's rules. none of the cases cited before us go so far as this; cf. swaminathan v. latchmanan i.l.r.(1929) 53 mad. 491 : 59 m.l.j. 585 and secretary of state for india in council v. gopisetti narayanasami naidu i.l.r.(1910) 34 mad. 491 : 59 m.l.j. 585. and it is clear from the dictum of blackburn, j., quoted on page 506 than an order is complete and appealable before notice is issued. when an order has been duly issued, and a party is apprised of that order, time will run, even though it is directed that a notice of an order shall be sent.2. the appeal is dismissed with costs.
Judgment:

Jackson, J.

1. In this case the appellant knew of the order passed by the Official Receiver rejecting the proof of her debt in 1926 by 1927 and did not appeal till 1930. She argues that her knowledge was immaterial so long as formal notice was not conveyed to her, under this Court's rules. None of the cases cited before us go so far as this; cf. Swaminathan v. Latchmanan I.L.R.(1929) 53 Mad. 491 : 59 M.L.J. 585 and Secretary of State for India in Council v. Gopisetti Narayanasami Naidu I.L.R.(1910) 34 Mad. 491 : 59 M.L.J. 585. And it is clear from the dictum of Blackburn, J., quoted on page 506 than an order is complete and appealable before notice is issued. When an order has been duly issued, and a party is apprised of that order, time will run, even though it is directed that a notice of an order shall be sent.

2. The appeal is dismissed with costs.


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