REGENT COMPUTRONICS PVT. LTD.

THEKKAYIL DAMODARAN Appellant

V/S

T.SANKARAN Respondents

Referred Judgements :-

JUSTICES OF THE PEACE FOR CALCUTTA V. ORIENTAL GAS CO. [REFERRED TO]
BHAGILAL V. TEMPLE COMMITTEE [REFERRED TO]
APPAJI REDDIAR V. THAILAMMAL [REFERRED TO]
TARAPORE AND COMPANY MADRAS VS. TRACTORS EXPORT MOSCOW [REFERRED TO]
SHAH BABULAL KHIMJI VS. JAYABEN D KANIA [REFERRED TO]
V T V RANGACHARYULU VS. SRIRAM GNANESWAR [REFERRED TO]
K G RANGASWAMI CHETTIAR AND CO VS. K R ESWARAMURTHY GOUNDAR [REFERRED TO]
ARUMUGHAM CHETTIAR VS. JOSEPH [REFERRED TO]
MOHAMMAD HAJI VS. AYAMMA [REFERRED TO]
FR ABRAHAM MATHEWS VS. ILLANI PILLAI [REFERRED TO]
STATE OF KERALA VS. R SUDARSAN BABU [REFERRED TO]
SAT PAL L RAMESHWAR DIAL VS. BUDHA LALJI [REFERRED TO]
T V TULJARAM ROW VS. MKRVALAGAPPA CHETTIAR [REFERRED TO]
KYROON BEE VS. ADMINISTRATOR-GENERAL OF MADRAS [REFERRED TO]
SITAL DIN VS. ANNANT RAM [REFERRED TO]
L RAM SARUP VS. MTKANIZ UMMEHANI [REFERRED TO]

JUDGEMENT

(1.) AS No. 17/78 is an appeal from a decree in a suit. The respondent in the appeal passed away on 12-12-1981 and as his legal representatives were not impleaded in time the appeal abated. The appellant thereafter filed CMP Nos. 6533/82 and 6534/82 for impleading legal representatives and for setting aside abatement, but these were dismissed by a learned single Judge. CMA 185/84 is an appeal against that dismissal, and the question is whether an appeal would lie to a Bench of two Judges of this Court, from an order of a single Judge refusing to set aside the abatement of a First Appeal. According to counsel, such an appeal would lie either under O.43 R.1(k) of the Code of Civil Procedure read with S.104 thereof, or under S.5(ii) of the Kerala High Court, Act, 1958.

(2.) S.104(1) of the Code conceives of appeals against certain classes of orders, and one such order, under O.43 R.1(k) is "an order under R.9 of O.22 refusing to set aside the abatement or dismissal of a suit".

(3.) As for the contention based on S.5(ii) of the Kerala High Court Act it will be useful to extract the whole of the Section:-

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THEKKAYIL DAMODARAN Vs. T SANKARAN

Referred Judgements :-

JUDGEMENT

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