SOMASUNDARAM, P.V.RAJAMANNAR
Mahamad Beary – Appellant
Versus
T. Hassan Kutty – Respondent
The Chief Justice.-This is an application for the issue of a writ of certiorari to quash the order of the Subordinate Judge of South Kanara dated 5th April, 1949, passed in C.M.A. No. 5 of 1949 under section 12(1) of the Madras Buildings Lease and Rent Control Act. The application has been made under Article 226 of the Constitution of India. A preliminary objection was taken that the application was not sustainable because the order sought to be quashed became final long before Article 226 came into force. The respondent’s counsel relied upon the rule of law that a judicial order which has become final according to the state of the law at the time it was passed is not open to interference by way of appeal or revision or other proceedings by virtue of a subsequent amendment of the law. The respondent relied upon two rulings of this Court in Examiner of Local Fund Accounts v. Subramania Mudaliar1 and Abdul Rasak Rowther v. Abdul Rahim Rowther2. In the former case there was a new rule providing for the right of appeal against an order relating to a surcharge passed by a Court under the surcharge rules framed under the Madras District Municipalities Act. It was held that no app
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