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Sudalayadum Perumal Nadan and ors. Vs. Sivananji Nadachi Wife of Masana Nadan - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in30Ind.Cas.544
AppellantSudalayadum Perumal Nadan and ors.
RespondentSivananji Nadachi Wife of Masana Nadan
Cases ReferredIsaacs v. Royal Insurance Co.
Excerpt:
practice - time granted to a party to do a thing till a 'certain date'--that date, if included. - .....the petition was taken up for orders on that date. dakins v. wagner 3 dow. and r. (1791) 4 bro. c.c. 358; isaacs v. royal insurance co. (1870) 39 l.j. ex. 189. 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.
Judgment:

1. The learned Subordinate Judge dismissed the appellants' 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 been extended until 3rd December 1912, no deposit was made before the petition was taken up for orders on that date. Dakins v. Wagner 3 Dow. and R. (1791) 4 Bro. C.C. 358; Isaacs v. Royal Insurance Co. (1870) 39 L.J. Ex. 189. 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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