High CourtsDivision Bench(1924) 08 MAD CK 0095

Sinnappa Naidu vs Sinnamma Naicken

Madras High Court · Decided on 1 August 1924 · Citation: AIR 1925 Mad 201

HON’BLE JUDGES
Jackson, J

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Judgment

2 paragraphs · 119 words

Jackson, J.—In this case, the petitioners'' plaint was time-barred when the Court rose and he pursued the District Munsiff to his club, where he declined to receive it, after 6-30 p.m. I am now asked to treat it, as if he had received it, because in the light of Din Ram v. Hari Das (1912) 34 All. 482 and Sathaya Padayachi v. Soundarathachi AIR 1924 Mad. 448, he might have received it.

2.

This cannot be done. The District Munsiff was within his discretion, in refusing to receive a plaint at his club and it is impossible to consider at this stage what might have happened if he had exercised his discretion in another way the petition is dismissed.