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Rao Bahadur A. Nathamooni Chetti Vs. M.R. Viswanatha Sastry and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai High Court
Decided On
Case NumberCivil Misc. Petn. No. 10279 of 1949
Judge
Reported inAIR1951Mad250; (1950)2MLJ448
ActsConstitution of India - Article 226
AppellantRao Bahadur A. Nathamooni Chetti
RespondentM.R. Viswanatha Sastry and anr.
Appellant AdvocateC.A. Vaidhyalingam and ;A. Doraiswami Ayyangar, Advs.
Respondent AdvocateV. Ramaswami Iyar and ;T.R. Ramachandran, Advs.
DispositionApplication dismissed
Excerpt:
- rajamannar, c.j. 1. this is an application to quash the order of the court of small causes passed in a house rent appeal. the order sought to be quashed is dated 21-10-1948. no doubt the learned advocate for the petitioner is right in saying that there are circumstances which account for the delay. though there is no specific period of limitation, it has generally been the accepted practice of this court not to exercise the extraordinary power by way of the issue of prerogative writs when there hag been a long delay since the passing of the order sought to be quashed. we, therefore, dismiss the appli-cation on this ground, but in the circumstances we make no order as to costs.
Judgment:

Rajamannar, C.J.

1. This is an application to quash the order of the Court of Small Causes passed in a House Rent Appeal. The order sought to be quashed is dated 21-10-1948. No doubt the learned advocate for the petitioner is right in saying that there are circumstances which account for the delay. Though there is no specific period of limitation, it has generally been the accepted practice of this Court not to exercise the extraordinary power by way of the issue of prerogative writs when there hag been a long delay since the passing of the order sought to be quashed. We, therefore, dismiss the appli-cation on this ground, but in the circumstances we make no order as to costs.


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