PALGHAT MUNICIPAL COUNCIL Vs. NATIONAL MOTOR WORKS LTD

JUDGEMENT

(1.) THIS civil revision petition arises out of an order passed by the District Judge, coimbatore, in dismissing an application under S. 5 of the Limitation Act for excusing the delay of 259 days in presenting a civil miscellaneous appeal, against the order passed by the Sub-Court, Palghat, in E. P. 154 of 1959.

(2.) THE short facts that are necessary for the disposal of this petition are, the petitioner is a decreeholder in O. S. 28 of 1947 on the file of the Sub-Court, palghat, for about Rs. 13000. At the instance of the decreeholder, the decree was transmitted to Sub-Court, Coimbatore, for execution. The decree-holder then filed e. P. 154 of 1959 on the file of the Sub-Court, Coimbatore, for execution. When an objection was taken by the judgment debtor, the respondent herein that the petition was barred by limitation, the petition was dismissed.

(3.) THE petitioner filed an appeal straight to the High Court, Madras, as he was under the impression that, as the amount in the execution petition, was more than rs. 10000, the appeal lies only in this court. The office in the High Court took objection that the appeal does not lie to the High Court, but only to the District court. When the matter was placed before the court at the instance of the petitioner, an order was passed by Ramachandra Iyer J. (as he then was) to the effect that the opinion of the office was correct in saying that the appeal does not lie to this court; but the Judge observed: