R GOPALAKRISHNA PILLAI Vs. MKUNJITHAPATHAM PILLAI

JUDGEMENT

(1.) The facts in these cases are not disputed and the only question is whether on the facts the Subordinate judge was right in dismissing the applications.

(2.) The election to the Taluk Board in question was held on the 9 of May 1922. The Subordinate Judge's Court was closed for the summer recess on the 14 of May and reopened on the 17 of July. The period of 14 days allowed for the presentation of the election petitions expired during the vacation and these petitions were presented on the 17th July the date when the Court re-opened. The case for the petitioners is that they had with them the sum of Rs. 200 each which had to be deposited and that these sums were produced before the Subordinate Judge.

(3.) Rule 131 of the Civil Rules of Practice requires a person desirous of paying money into Court to bring into Court a lodgment schedule in the form prescribed by the rules and containing the various particulars mentioned therein. Thereupon an order for lodgment and counterfoil receipt are to be issued to the payer. Rule 132 states that the payer shall deliver the money and the order and the Counterfoil receipt to the bank or treasury officer mentioned therein who is to retain the order and return the receipt duly signed by him to the payer, which receipt the payer should return to the Court. Rule 133 provides that if the bank or the treasury is closed, the money may with the leave of the judge, be paid to the officer of the Court and the officer of the Court will send it to the bank the next day. As the bank was open at the time of the presentation of the petitions, the vakil in pursuance of the Rules of Practice obtained a lodgment schedule. The judge on receipt of the petition passed an order for the issue of chellans and chellans were issued on that day. As there is a branch of the Imperial Bank of India at Cuddalore the chellans issued by the Court had to be taken to the Officer in charge of the treasury, checked by him and then to the branch of the Imperial Bank. The chellans were issued at about five minutes to three and they were taken at once to the treasury but the treasury officer was not there. As the bank would not receive the money after 3 O clock, it was impossible to pay the money into the bank on that day. The money was returned to the Vakil for the petitioners. He and the members of his family were then staying at. Thiruvendipuram about four miles from the Court house and the treasury office and he took the money with him in order that it may be paid the next morning. The money was sent the next day from Thiruvendipuram to the treasury officer with the chellans and the treasury officer returned the chellans at about 2-40. As the bank was about 2? miles from the treasury office, the person taking the chellans and the money to the bank arrived at the bank at 5 minutes after 3 but the bank would not receive the money and it was therefore paid-the next day. On the 18 the person taking the money to the treasury officer went in a jutka. There was an accident to the horse and it was therefore about 1-50 p.m., when the person reached the treasury officer. There would have been, however, ample time to have gone to the bank if the treasury officer had not taken nearly an hour to return the chellans to the person who brought the money. The Subordinate Judge is of opinion that so far as the 17 is concerned the delay was unavoidable but thinks that the delay on the 18 has not been properly explained.