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IN THE HIGH COURT OF MADRAS
Miller and Pinhey, JJ.
Sankaralinga Chetti
Versus
Annamalai Chetti and Ors.
Decided On : 25.08.1908
Section 549 - Appeal Rejection - No provision for setting dismissal aside
Fact of the Case:
The court pointed out the absence of a provision in Section 549 of the Civil Procedure Code for an appellant to apply for setting aside the dismissal of their appeal.
Finding of the Court:
The court analyzed the decision of the Privy Council in Balwant Singh v. Daulat Singh and concluded that it does not support the restoration of an appeal rejected under Section 549.
Issues: Interpretation of Section 549 of the Civil Procedure Code
Ratio Decidendi: The absence of a provision in Section 549 for setting aside the dismissal of an appeal and the lack of authority to restore such an appeal influenced the court's decision.
Final Decision: The application was dismissed with costs.
1. As pointed out in Ferozi Begam v. Abdul Latiff 30 A. 143; 3 M.L.T. 221; 5 A.L.J. 109; A.W.N. (1908) 53 there is no provision in Section 549 of the Civil Procedure Code, similar to that contained in Section 381 and permitting an appellant whose appeal has been rejected under Section 549 to apply for an order setting the dismissal aside. Nor have we been referred to any provision elsewhere in the Code under which such an application will lie.
2. The decision of the Privy Council in Balwant Singh v. Daulat Singh 8 A. 315; 13 I.A. 57 the head-note of which in the Indian Law Reports is far from accurate, was arrived at on a peculiar state of facts, and is not, in our opinion, an authority for the position that an appeal duly rejected under Section 549, Civil Procedure Code, can be restored by the Court which rejected it.
3. The application is dismissed with costs.
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