Manphul Singh vs Hakim Hamid Ali Khan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1923 Supreme(All) 269

Manphul Singh – Appellant
Versus
Hakim Hamid Ali Khan – Respondent

JUDGMENT

Piggott, J. - This and the connected application before as purport to be applications for review of an order of this Court, dated the 5th of December, 1922, whereby two appeals presented by the present applicant were dismissed for default. The ordinary remedy provided by law to meet the case of an appellant who has been prevented by some sufficient cause from appearing when his appeal was called upon, is by way of an application under Order 41, rule 19 of the Code of Civil Procedure. This remedy the present applicant had allowed to become statute barred by reason of article 168 of the first schedule to the Indian Limitation Act before the present applications were presented to the Court. He, therefore, seeks to avail himself of the provisions of Order 47, rule 1 of the Code of Civil Procedure. We are not prepared to hold that under the circumstances these applications can be admitted on the strength of the words "or for any other sufficient reason" appearing in rule 1 of Order 47 aforesaid. We dismiss both the applications. As they have been heard ex parte we make no order as to costs.

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