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Balaji Rau Vs. Sithabhoy and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1896)ILR19Mad414
AppellantBalaji Rau
RespondentSithabhoy and ors.
Excerpt:
civil procedure code, section 560 - no application for rehearing, section 584(c)--power of high court to interfere. - order1. the appellant's remedy under section 560 of the code of civil procedure being barred by limitation through no fault of his own, we think we have the power to afford him an alternative remedy in second appeal under clause (c), section 584, so that we shall call upon the lower appellate court to take evidence and find whether the appellant was or was not duly served with notice of the appeal. the report with the notice and return in original and the evidence are to be submitted as early as possible.
Judgment:
ORDER

1. The appellant's remedy under Section 560 of the Code of Civil Procedure being barred by limitation through no fault of his own, we think we have the power to afford him an alternative remedy in second appeal under Clause (c), Section 584, so that we shall call upon the Lower Appellate Court to take evidence and find whether the appellant was or was not duly served with notice of the appeal. The report with the notice and return in original and the evidence are to be submitted as early as possible.


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