KUNHALI BEAKY Vs. SATHANIKA NARAYANAN

JUDGEMENT

(1.) This an application to restore the application of the petitioner for obtaining a copy of the judgment which was rejected on 19-1-1968 for non production of copying papers.

(2.) The counsel for the petitioner invokes S.151 C.P.C. for the purpose and relies on the decisions in Berumull Sowcur v. Velu Gramany AIR 1942 Mad. 369 and Hari Prasad v. Chief Conservator of Forests, Madras 1958 (2) MLJ 552 to support the application. In Berumull Sowcer v. Velu Gramany AIR 1942 Mad. 369 the facts are that the application for copy was rejected on 3Cth August 1940 for default to deposit the copy stamps. A fresh application for copies was filed on 2-10-1940 and oh 3-10-1940 a petition to restore the original application was filed. The Trial Court passed an order on 11-10-1940 directing the issue of copies on the original application with a note thereon that they were granted in pursuance of the petition to restore the original application. The appeal was filed on the basis of the copies thus obtained. A preliminary objection was taken before the court which heard the appeal that it was barred. Patanjali Sastri J., following the decision in Ramanuja Ayyangar v. Narayana Ayyangar ILR 18 Madras 374 said:

(3.) The application is therefore dismissed.