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S. Perumal Nadan and Four ors. Vs. Sivanamji Nadachi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported inAIR1916Mad840(1); (1916)ILR39Mad583
AppellantS. Perumal Nadan and Four ors.
RespondentSivanamji Nadachi
Cases Referred and Isaacs v. Royal Insurance Co.
Excerpt:
ex-parte decree - setting aside, application for--deposit of money into court--time for depositing, granted--extension of time till a certain date--deposit not made on that date--dismissal of application on that date, legality of--jurisdiction of court--time granted by court for performance of any act till a certain date, meaning of. - .....the learned subordinate judge dismissed the appellant's petition to set aside the decree of the small cause suit, because appellants having been called on to deposit money and the time granted for doing so having bean extended until 3rd december 1912, no deposit was made before the petition was taken up for orders on that date. dawkins v. wagner (1832) 3 dowl. 535, knox v. simmonds (1791) 3 bro. c.c. 358 and isaacs v. royal insurance co. (1870) l.r. 5 ex. 296 are authorities for holding that when time is given for the performance of any act till a certain date, it includes that date. the learned subordinate judge therefore had no jurisdiction to pass his order of dismissal before 4th december 1912. we must allow the letters patent appeal and set aside the subordinate judge's order.....
Judgment:

Oldfield, J.

1. The learned Subordinate Judge dismissed the appellant's petition to set aside the decree of the Small Cause Suit, because appellants having been called on to deposit money and the time granted for doing so having bean extended until 3rd December 1912, no deposit was made before the petition was taken up for orders on that date. Dawkins v. Wagner (1832) 3 Dowl. 535, Knox v. Simmonds (1791) 3 Bro. C.C. 358 and Isaacs v. Royal Insurance Co. (1870) L.R. 5 Ex. 296 are authorities for holding that when time is given for the performance of any act till a certain date, it includes that date. The learned Subordinate Judge therefore had no jurisdiction to pass his order of dismissal before 4th December 1912. We must allow the Letters Patent Appeal and set aside the Subordinate Judge's order dismissing the petition before him; costs to abide the result of the Small Cause Suit.


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