REGENT COMPUTRONICS PVT. LTD.

THAMBI Appellant

V/S

MATHEW Respondents

Referred Judgements :-

A.G. V. SILLEM [REFERRED TO]
GULAB RAI V. MANGLI LAL [REFERRED TO]
COLONIAL SUGAR REFINING CO. V. IRVING [REFERRED TO]
RAJA KULKARNI VS. STATE OF BOMBAY [REFERRED TO]
U J S CHOPRA VS. STATE OF BOMBAY [REFERRED TO]
MELA RAM AND SONS VS. COMMR OF INCOME TAX PUNJAB [REFERRED TO]
MAHADEOLAL KANODIA VS. ADMINISTRATOR GENERAL OF WEST BENGAL [REFERRED TO]
JAISRI SAHU VS. RAJDEWAN DUBEY [REFERRED TO]
SHEODAN SINGH VS. DARYAO KUNWAR [REFERRED TO]
STATE OF MADRAS VS. MADURAI MILLS CO LIMITED [REFERRED TO]
BOARD OF REVENUE MADRAS VS. RAJ BROTHERS AGENGIES [REFERRED TO]
RANI CHOUDHURY VS. LT COL SURAJ JIT CHOUDHURY [REFERRED TO]
KEWAL RAM SMT RAM LUBHAI VS. RAM LUBHAI:KEWAL RAM [REFERRED TO]
ANNAPU RAMANNA VS. PONDURI SREERAMULU [REFERRED TO]
MUSALA ANNAJI RAO VS. BOGGARAPU PAPAIAH SETTY [REFERRED TO]
GOUR MOHAN MULLICK VS. COMMR OF AGRICULTURAL INCOME TAX WEST BENGAL [REFERRED TO]
DEORAJIN DEBI VS. SATYADHYAN GHOSAL [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. SHAHZADI BEGUM [REFERRED TO]
CHAKKUVARKEY VS. DEVASSY KATHANAR [REFERRED TO]
ERODE YARN STORES VS. STATE OF MADRAS [REFERRED TO]
MOHAMMED KANI ROWTHER VS. HASSAN ROWTHER BULGHESE BEEVI [REFERRED TO]
K K PORBUNDERWALLA VS. COMMISSIONER OF INCOME TAX BOMBAY CITY [REFERRED TO]
KUNHIRAMAN VS. BOSSY [REFERRED TO]
CHANDRIKA AMMA VS. MOHAMMED [OVERRULED]
B THANKAPPAN VS. TRIVANDRUM DIST CO OP BANK LTD [REFERRED TO]
VISWAMBHARAN VS. PARAMESWARAN ASARY [OVERRULED]
NAGENDRA NATH DEY VS. SURESH CHANDRA DEY [REFERRED TO]
MATHEW KURUVILLA VS. RAJAGOPALA IYER [REFERRED TO]

JUDGEMENT

(1.) This second appeal by the plaintiff is against the dismissal of his appeal by the lower appellate court consequent on the dismissal of IA No. 758/1980 under S.5 of the Limitation Act, 1963 for condonation of the delay of 3 days in filing the appeal. It comes up before a Full Bench on reference made by Varghese Kalliath J. for the reason that M. P. Menon J. had in CRP No. 318 of 1983 (the decision later reported in 1987 (1) KLT 543 ) declined to follow the decision of a Division Bench of this Court in Chandrika Amma v. Mohammed ( 1984 KLT 677 ) in preference to an earlier decision of a Division Bench in Chakkuvarkey v. Devassy Kathanar ( AIR 1962 Ker. 104 ). M. P. Menon J. had also dissented from the view expressed by Viswanatha Iyer J. in Kunhiraman v. Rossy ( 1979 KLT 718 ). Kalliath J. in a very illuminating order of reference has dealt with the points of view expressed in the two Division Bench rulings of this Court referred to above and has also expressed his Lordship's view agreeing with the principle laid down in Kunhiraman v. Rossy (1979 KLT 718). Kalliath, J. in his order of reference states:

(2.) Referring to Kunhiraman's case M.P. Menon J. stated in Viswambharan v. Parameswaran Asary (1987 (1) KLT 543) at page 551:-

(3.) Mahmood, J. on behalf of a Division Bench of the Allahabad High Court stated as early as in 1884 in Gulab Rai v. Mangli Lal (ILR VII Allahabad 42) at p. 43:-

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THAMBI Vs. MATHEW

Referred Judgements :-

JUDGEMENT

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