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1978 Supreme(Ker) 258

P.JANAKI AMMA
NADUBHAGOM N. S. KARAYOGAM – Appellant
Versus
GOPALAN NAIR – Respondent


Judgment :-

1. This is an application for review of the order in CRP. No. 2280 of 1978 on grounds that follow.

2. The application for revision was filed beyond the period of limitation. While condoning the delay, the Court overlooked the fact that the petition for condonation was filed after the application for revision and as such not maintainable. The ground on which the application for condonation was filed was that the petitioner preferred an appeal before the District Court, Alleppey. It was long after the appeal was held to be not maintainable that the revision petition was filed. In returning the appeal memo, the District Court, no doubt, allowed a period of three weeks for presentation. But since that Court had no jurisdiction to entertain an appeal, it was not competent to grant time for representation also. This fact has been overlooked in condoning the delay in the case. The second ground for the review is that the court overlooked the decision in Achuthan v. State Bank of Travancore (1974 KLT. 806) wherein it has been held that the liability under a kuri security bond is a loan in spite of the fact that payment of the amount due is to be made only in monthly instalments.





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