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1931 Supreme(Mad) 216

CURGENVEN
G. Sirur – Appellant
Versus
R. Mythili Ammal – Respondent


ORDER

Curgenven, J.

1. This is an application by die appellant in O.S. Appeal No. 63 of 1930 to set aside the dismissal of that appeal as against the 1st respondent and to review or set aside certain interlocutory orders passed in the same appeal. The appeal was from a judgment of Waller, J., dated the 15th October, 1929, annulling the adjudication of the 2nd respondent and directing the appellant to pay the 1st respondents costs. It was admitted on the 1st September, 1930 and on the 8th November the 1st respondent applied for a direction that the appellant should furnish security for her costs in the appeal. The application was allowed ex parte on the 19th December, no one appearing on behalf of the appellant, who was directed to give the required security within one month from that date. On the last clay of that period, the 19th January, 1931, an application was filed on behalf of the appellant (C.M.P. No. 548 of 1931) to rescind this order. That also was dismissed for default on the 10th February, again, no appearance being put in for the appellant. On the 13th February the appeal itself was dismissed under the provisions of Sub-rule (2) of Rule 10 of Order 41, Civil Procedure Cod




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