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1953 Supreme(Mad) 374

P.V.RAJAMANNAR, RAJAGOPALA AYYANGAR
Sheik Mohammed Maracair – Appellant
Versus
Veyanna Meeru Thevar – Respondent


Advocates:
M.R.M. Abdul Kareem for Appellant.
T.S. Kuppuswami Aiyar for Respondents.

Rajamannar, C.J.-

This is an appeal against the judgment of Panchapakesa Ayyar, J., dismissing an application filed by the appellant herein for extension of the time for furnishing security for costs which he had been directed to furnish by an order of this Court passed by Ramaswami, J., on nth March, 1952, in C.M.P. No. 1676 of 1952. That order was passed in an appeal, A.S. No. 498 of 1951, which the appellant herein had filed in forma pauperis against a decree of the District Court of East Tanjore. Ramaswami, J., directed the appellant to furnish security for costs of the Court below within one week of the reopening of that Court after the summer recess. The learned Judge also proceeded to say that failing such furnishing of security the appeal would stand dismissed. The appellant did not furnish the security within time, but for some reason or other, the appeal itself was never posted formally for being dismissed under Order 41, rule 10(2), Civil Procedure Code. On 18th September, 1953, the appellant filed the application above referred to for excusing the delay in applying for extension of time for furnishing security. This application was supported by a verified petition in whi











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