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Velu Pillay Vs. Appasawmi Pandaram and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.197a
AppellantVelu Pillay
RespondentAppasawmi Pandaram and ors.
Excerpt:
civil procedure code (act v of 1908), schedule ii, rule 16 - limitation act (ix of 1908), article 158--award--decree passed without allowing time for objections--illegality. - wallis, j.1. the award was made on the 27th september 1909, and the decree was passed on the 29th september 1909. under rule 16 of schedule ii of the code of civil procedure, the court is empowered to pass the decree after the time for making an application to set aside the award has expired. a period of ten days is allowed for this purpose by article 158 of the limitation act of 1906 whereas the court allowed only two. the decree is set aside and the case remanded for disposal according to law. costs will abide the result.
Judgment:

Wallis, J.

1. The award was made on the 27th September 1909, and the decree was passed on the 29th September 1909. Under Rule 16 of Schedule II of the Code of Civil Procedure, the Court is empowered to pass the decree after the time for making an application to set aside the award has expired. A period of ten days is allowed for this purpose by Article 158 of the Limitation Act of 1906 whereas the Court allowed only two. The decree is set aside and the case remanded for disposal according to law. Costs will abide the result.


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