HINGA BIBEE Vs. MUNNA BIBEE

JUDGEMENT

(1.) This is an application on behalf of the plaintiff for restoration of a suit which was dismissed by Mr. Justice Harington on the 10 August last.

(2.) Notice of the present application was given on the 29 August 1903, and the date on which the application was intended to be brought on as mentioned in the notice was the 3 of September. The application was not made then, nor was it mentioned at any time until a day after the day on which the Court reopened after the long vacation, that is, on the 19th November 1998. The Court reopened on the 18th, but motion day, according to the usual rules of practice, was the 19th; therefore it has been suggested that the first day after reopening of the Court means the first day on which the Court in the ordinary course takes motions.

(3.) I am not able to accept that interpretation of the rules. It seems to me necessary that the application should have been made on the 18 November, the first day after the re-opening of the Court, and if the Court was unable to hear it on that day, the usual excuse would be to adjourn it to another convenient day.