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A. Gaeble Vs. Ramayi Ammal - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1914Mad116(1); 24Ind.Cas.781
AppellantA. Gaeble
RespondentRamayi Ammal
Cases ReferredDevata Sri Ramamurthi v. Venkata Sitaramachandra Row
Excerpt:
civil procedure code (act v of 1908), section 115 - interlocutory order--high court will not interfere if order can be attacked in appeal from decree. - sadasiva aiyar, j.the district munsif's order may be illegal and the reasons he gives for excusing delay unsound. but the order can be attacked by the petitioner by appeal against the decree in the restored suit, if it goes against him and hence i refuse to interfere under section 315 of the code of civil procedure, following several recent rulings in this court [devata sri ramamurthi v. venkata sitaramachandra row 22 ind. cas. 279 : (1914) m.w.n. 95.]. there will be no order as to costs.
Judgment:

Sadasiva Aiyar, J.

The District Munsif's order may be illegal and the reasons he gives for excusing delay unsound. But the order can be attacked by the petitioner by appeal against the decree in the restored suit, if it goes against him and hence I refuse to interfere under Section 315 of the Code of Civil Procedure, following several recent rulings in this Court [Devata Sri Ramamurthi v. Venkata Sitaramachandra Row 22 Ind. Cas. 279 : (1914) M.W.N. 95.]. There will be no order as to costs.


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