1952 Supreme(Mad) 40
P.V.RAJAMANNAR, SOMASUNDARAM
M. A. Janaki – Appellant
Versus
M. A. Srirangammal – Respondent
Advocates:
M.A. Janaki, Party in person.
K. Sankara Sastri for Respondent.
The Chief Justice.- The petitioner filed a suit by an originating summons under Order 45, rule 4 of the Original Side Rules of this Court for the determination of certain questions relating to deeds of settlement executed by her father. The suit came on before Krishnaswami Nayudu, J., who dismissed it on the ground that the matters in controversy could not be gone into on an originating summons in a summary manner. The learned Judge therefore referred the plaintiff to a suit, if she was so advised. The petitioner filed an appeal against this order of the learned Judge (O.S.A. No. 112 of 1950). That appeal was dismissed on the 24th January, 1951, for default of appearance in person or by advocate. The petitioner then filed an application (C.M.P. No. 2733 of 1951) under Order 41, rule 19 of the Code of Civil Procedure for restoration of the appeal and for re-hearing; This application was dismissed by. this Court on the 23rd April, 1951. The petitioner now seeks leave to appeal to the Supreme Court against this last order of this Court in C.M.P. No. 2733 of 1951. The application is opposed.
The relevant provision of law is Article 133 of the Constitution under which an appeal lies to t
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