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Sankaralinga Chetti Vs. Annamalai Chetti and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.165
AppellantSankaralinga Chetti
RespondentAnnamalai Chetti and ors.
Cases ReferredBalwant Singh v. Daulat Singh
Excerpt:
civil procedure code (act xiv of 1882), sections 549 - appeal rejected for failure to furnish security--application for setting aside order of dismissal does not lie. - .....a. 143; 3 m.l.t. 221; 5 a.l.j. 109; a.w.n. (1908) 53 there is no provision in section 549 of the civil procedure code, similar to that contained in section 381 and permitting an appellant whose appeal has been rejected under section 549 to apply for an order setting the dismissal aside. nor have we been referred to any provision elsewhere in the code under which such an application will lie.2. the decision of the privy council in balwant singh v. daulat singh 8 a. 315; 13 i.a. 57 the head-note of which in the indian law reports is far from accurate, was arrived at on a peculiar state of facts, and is not, in our opinion, an authority for the position that an appeal duly rejected under section 549, civil procedure code, can be restored by the court which rejected it.3. the application.....
Judgment:

1. As pointed out in Ferozi Begam v. Abdul Latiff 30 A. 143; 3 M.L.T. 221; 5 A.L.J. 109; A.W.N. (1908) 53 there is no provision in Section 549 of the Civil Procedure Code, similar to that contained in Section 381 and permitting an appellant whose appeal has been rejected under Section 549 to apply for an order setting the dismissal aside. Nor have we been referred to any provision elsewhere in the Code under which such an application will lie.

2. The decision of the Privy Council in Balwant Singh v. Daulat Singh 8 A. 315; 13 I.A. 57 the head-note of which in the Indian Law Reports is far from accurate, was arrived at on a peculiar state of facts, and is not, in our opinion, an authority for the position that an appeal duly rejected under Section 549, Civil Procedure Code, can be restored by the Court which rejected it.

3. The application is dismissed with costs.


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