SWAMINATHA ODAYAR Vs. RAJA MUHAMMAD ROWTHER

JUDGEMENT

(1.) In proceedings in execution of the decree, O.S. No. 3 of 1919, to which the respondent was not a party, there was an order for delivery of possession of the properties, and possession was delivered to the petitioners on 12th June, 1955. The respondent preferred an application on 11th July, 1955 to the District Court, W. Tanjore, under the provision of Order 21, Rule 100, Civil Procedure Code, for re-delivery of the properties. This application was eventually numbered as E.A. No. 19 of 1957, and it will be more convenient to refer to that application by that number E.A. No. 19 of 1957.

(2.) When E.A. No. 19 of 1957 was presented to the District Court on nth July, 1955, it was ordered on 19th July, 1955 to be returned for the rectification of certain defects. The defects pointed out were:

(3.) To comply with the order of the District Court, E.A. No. 19 of 1957 should have been re-presented within three weeks of 26th September, 1955, after rectifying the defects that had been pointed out on 19th July, 1955. The respondent did not re-present the petition till 16th February, 1956, when he applied in E.A. No. 23 of 1956 to condone the delay in the re-presentation of E.A. No. 19 of 1957.