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In Re: Vatasseri Ittichathara Valia Mannadiar (Karnavan and Manager of Tarwad) - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1938Mad495; (1938)1MLJ255
AppellantIn Re: Vatasseri Ittichathara Valia Mannadiar (Karnavan and Manager of Tarwad)
Excerpt:
- - we are prepared to hold that dismissal for default is well within the inherent powers of the court......had no power to dismiss for default the appellant's application under order 21, rule 90 of the civil procedure code. all the cases in which it has been held that order 9 of the civil procedure code is not applicable to proceedings in execution have been either cases in which applications have been dismissed for default or cases in which ex parte orders have been passed. the rulings have been that since order 9 was inapplicable, the applications could not be restored nor the ex parte orders set aside. nobody has suggested till now that the dismissal for default or passing of art ex parte order was without jurisdiction. we are prepared to hold that dismissal for default is well within the inherent powers of the court. it is in our opinion absurd to say that the court must proceed to.....
Judgment:

1. We are unable to accept the contention of Mr. T.A. Anantha Aiyar for the appellant that because Order 9 of the Civil Procedure Code does not apply to execution proceedings the lower Court had no power to dismiss for default the appellant's application under Order 21, Rule 90 of the Civil Procedure Code. All the cases in which it has been held that Order 9 of the Civil Procedure Code is not applicable to proceedings in execution have been either cases in which applications have been dismissed for default or cases in which ex parte orders have been passed. The rulings have been that since Order 9 was inapplicable, the applications could not be restored nor the ex parte orders set aside. Nobody has suggested till now that the dismissal for default or passing of art ex parte order was without jurisdiction. We are prepared to hold that dismissal for default is well within the inherent powers of the Court. It is in our opinion absurd to say that the Court must proceed to give a decision on the merits, when the applicant fails to appear in support of his application.

2. This appeal is accordingly dismissed under Order 41, Rule 11 of the Code of Civil Procedure.


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