High Courts(1922) 12 MAD CK 0030

Kachi Reddi Nagireddi vs Saki Reddi and Others

Madras High Court · Decided on 22 December 1922 · Citation: AIR 1924 Mad 44 : (1923) 18 LW 29

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 179 words
1.

A preliminary objection has been taken that we have no power to extend time or excuse delay in this case and we think that the objection must

be sustained. The delay in question is, it is not disputed, more than 150 days. To enable us to excuse it, a power more extensive than that

conferred by Section 3(i) of Act XXVI of 1920, whould be necessary. But we cannot hold that we have such a more extensive power, or any

general power when in that Section the Court''s discretionary power, to extend time for excuse shown, is recognised, subject to any explicit

restriction to a period of 60 days. The petitioner has reliance also on the concluding words of Clause 9 of the order in council, dated 9th February,

1920, as conferring an un-restricted power, but those words can be understood as authorising the Court''s use of its discretion to the extent

specified in the Act and there is no necessity to read them as authorising more. The objection must be allowed. The Petition is dismissed with

costs.