YAGNASAMI IYER ALIAS AYYAVAYYAR Vs. KCHIDAMBARANATHA MUDALIAR

JUDGEMENT

(1.) This is an application under Section 115, Civil Procedure Code, to revise the order of the Subordinate Judge of Mayavaram, dated 11 November 1919, directing an amendment of the sale certificate by including certain properties said to have been fold in auction.

(2.) Mr. Muthiah Mudaliar on behalf of the respondent raises two preliminary objections to the hearing of the petition, (l) It is 303 days out of time, and (2) the matter in dispute was disposed of by a Bench of this Court by the order on Civil Miscellaneous Appeal No. 370 of 1919 and Civil Revision Petition No. 240 of 1920 [Yagnasami Ayyar V/s. Chidambaranatha Mudaliar 61 Ind Cas 961 : 18 L.W. 15.

(3.) Mr. Venkatarama Sastri for the petitioner argues that his client was pursuing his remedy in another proceeding, that there was no delay in the prosecution of that remedy, that this being a revision petition the period of limitation is only a rule of Court and (delay?) could be excused for proper reasons and that the order on Civil Miscellaneous Appeal No. 370 of 1919 and Civil Revision Petition No. (sic) of 1920 [ Yognasami Ayyar V/s. Chidambaranatha Mudaliar 61 Ind Cas 961 : 18 L W 15] is not res judicata.