High CourtsDivision Bench(1934) 03 MAD CK 0017

Vedavathi (alias) Lakshmi Amma vs S. Sadasiva Rao and Another

Madras High Court · Decided on 14 March 1934 · Citation: AIR 1935 Mad 149 : (1934) ILR (Mad) 1030 : 153 Ind. Cas. 167 : (1934) 40 LW 145 : (1935) 68 MLJ 65

HON’BLE JUDGES
Jackson, J

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Judgment

7 paragraphs · 160 words

Jackson, J.—In this case the appellant knew of the order passed by the Official Receiver rejecting the proof of her debt in 1926 by 1927

and did not appeal till 1930. She argues that her knowledge was immaterial so long as formal notice was not conveyed to her, under this Court''s

rules. None of the cases cited before us go so far as this; cf. Swaminathan v. Latchmanan I.L.R.(1929) 53 Mad. 491 : 59 M.L.J. 585 and

Secretary of State for India in Council v. Gopisetti Narayanasami Naidu I.L.R.(1910) 34 Mad. 491 : 59 M.L.J. 585. And it is clear from the

dictum of Blackburn, J., quoted on page 506 than an order is complete and appealable before notice is issued. When an order has been duly

issued, and a party is apprised of that order, time will run, even though it is directed that a notice of an order shall be sent.

2.

The appeal is dismissed with costs.