LAKSHMI AMMAL Vs. KADIRESAN CHETTIAR

JUDGEMENT

(1.) Relying on the Full Bench case in Venkataratnam V/s. Ranganayakanima (1918) I.L.R. 41 Mad. 985: 35 M.L.J. 335 Mr. Krishna-swamy Aiyar asks us to hold that the District Munsif's order dismissing 1 defendant's claim petition on 15-6-14 became final in consequence of 1st defendant's failure to set it aside by instituting a suit within one year. This point was not raised until the present suit reached the stage of the first appeal and might be disallowed on that ground.

(2.) But it may be answered directly as the Lower Appellate Court allowed it to be argued and as we have heard full arguments in this Court.

(3.) In Venkatratnam V/s. Ranganayakamrna (1918) I.L.R. 41 Mad. 985: 35 M.L.J. 335 Seshagiri Iyer J, observed. " The language of Order 21, Rule 63 leaves little room for doubt that all orders which negative the right set up by the claimant or the decree holder are within the rule."