JAVARIAH Vs. ABDUL RAHIMAN AND

JUDGEMENT

(1.) The order of the lower Court discloses that the plaint in the suit, S. C..NO. 1357/50-51 on the file of the Additional. Subordinate Judge, Mysore, was received by the learned Judge at 10-10 P.M., on the last day of limitation. Later the learned Judge dismissed the suit as barred by time on the ground that even assuming that the allegation in the affidavit filed by the plaintiff to explain the delay in filing the suit late on the last day of limitation to be true the presentation, of the plaint to the Judge at the late hour on the last day of limitation must be deemed to be after the period of limitation is over.

(2.) The Question for consideration is whether a Judge can receive a plaint or a petition on the last day of limitation after the close of office hours. There is nothing in law to prevent the receipt of a plaint or a petition after the close of office hours and there is hardly any doubt that the practice of receiving plaints for proper reasons after the close of office hours is a long standing one and no exception appears to have even been taken in respect of this practice. Rule 88 (5) of the Civil Rules of Practice and Circular Orders, Volume I states as follows: "A plaint was received by the Head Munshi of a Munsiff's Court after the close of office hours. It is unusual. But whenever a Judge has- occasion to do it, he must give reasons in writing why this unusual procedure had to be adopted. The order admitting the plaint is a judicial order- and the Higher Courts must know whether the discretion was properly exercised or not." It will thus be seen that the High Court has recognised the practice. It cannot be said that receipt of plaint for proper reasons after office hours is illegal. The learned Judge is wrong in dismissing the suit as barred by time after the plaint had been received by him on the last day of limitation and. after it had been numbered as a small cause suit. The revision petition is allowed. The judgment and decree in the small cause suit are set aside and the suit is remanded for fresh disposal according to law.

(3.) Case remanded.