High CourtsDivision Bench(1913) 08 MAD CK 0011

Hajee Aboobuckor Rahimtulla Saib vs The Official Assignee of Madras and Another

Madras High Court · Decided on 8 August 1913 · Citation: (1913) 25 MLJ 560

HON’BLE JUDGES
Rahimtulla Saib, J

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Judgment

5 paragraphs · 129 words

Rahimtulla Saib, J.—I do not accept the validity of the contention of the appellant''s learned Counsel that the decree of the High Court on its

original side should not bear the same date as the date of its judgment or that the appellant is entitled to calculate the limitation period from when

the decree was signed by the Registrar. I agree with Barney v. Broughton ILR (1884) C. 652 the practice of the Court being the law of the court

even if the CPC does not apply and differ from the rulings contra. As regards the affidavit in support of the application to excuse the delay, let

notice go to the other side to show cause why the delay should not be excused. Post that matter before two judges.