ALLAHABAD BANK Vs. CHAITRAM CHOUDHARI

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patent against the order of the single Judge of this Court dismissing summarily the appeal filed by the appellant against the order of the Additional District Judge, Mandla, dated 11-4-1960.

(2.) THE appellant obtained a compromise decree against the respondents from the court of the Additional District Judge, Jabalpur, which provided 'inter alia' that the decretal amount shall be a charge on 2400 shares of Muir Mills and

(3.) SHRI A. P. Sen for respondent No. 1 has raised a preliminary objection that the appeal is barred by time. The appeal was dismissed on 22-8-1960 and the presant appeal was filed on 540-1960. Under Rule 13, Chapter IV of the High Court Rules the appeal should have been filed within thirty days; but the Court has power to entertain it even beyond that period. The relevant part of that rule is as follows: