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1950 Supreme(Mad) 209

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. P.V. Rajamannar, Chief Justice and Mr. Justice Somasundaram.
Rao Bahadur A. Nathamooni Chetti
Versus
M.R. Viswanatha Sastry
C.M.P. No. 10279 of 1949.
Decided On : 19 July 1950

Important Points

Practice of not exercising extra ordinary powers.

Headnote

Practice -Delay in filing application for issuance of prerogative writs.

Advocates:
C.A. Vaidyalingam and A. Duraiswami Ayyangar for Petitioner.
V. Ramaswami Aiyar and T.R. Ramachandran for Respondents.

Judgment

The Chief Justice.-This is an application to quash the order of the Court of Small Causes passed in a House Rent Appeal. The order sought to be quashed is dated 21st October, 1948. No doubt the learned advocate for the petitioner is right in saying that there are circumstances which account for the delay. Though there is no specific period of limitation, it has generally been the accepted practice of this Court not to exercise the extraordinary power by way of the issue of prerogative writs when there has been a long delay since the passing of the order sought to be quashed. We therefore dismiss the application on this ground, but in the circumstances we make no order as to costs.

V.P.S. ----- Petition dismissed.



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