VALLI AMMAL ARUMUGHOM AMMAL Vs. NARAYAN PANICKER

JUDGEMENT

(1.) This is an appeal by, the appellant in S.A. No. 107 of 1958. The appeal is filed in pursuance of a declaration granted under S.5 of the Kerala High Court Act, 1958. The judgment under appeal has been reported in 1961 KLT 597 .

(2.) The appellant was the 3rd defendant in O.S. No. 1541 of 1121 of the 2nd Additional District Munsiffs Court of Trivandrum - the suit from which this appeal arises - and the appellant in A.S. No. 173 of 1956 of the District Court of Trivandrum. The suit was by the 1st respondent before us. It was to set aside Ext. E, an order under O.21, R.94, of the (Travancore) Code of Civil Procedure, 1100 (O. 21, R.97 of the (Indian) Code of Civil Procedure, 1908). The decision was against him, and it was affirmed by the High Court of Travancore by Ext. F dated 9-12-1121.

(3.) The fate of the appeal depends solely on the true scope and ambit of O.21, R.55 of the (Travancore) Code of Civil Procedure 1100: