THANDAYUTHAPANI SETHURAM Vs. CHINNATHAL

JUDGEMENT

(1.) This is a petition to revise under Section 115, Civil Procedure Code, an order of the District Judge of Tanjore dismissing a petition purporting to be presented, under Order XLI, Rule 1, Civil Procedure Code, and Section 5 of the Indian Limitation Act. In his order the Judge holds that the petitioner s appeal to his Court was barred by limitation and that there was no excuse for the delay in its presentation. He accordingly dismissed the petition : and (in effect) rejected the appeal as time--barred.

(2.) The question is whether a revision petition will lie under Section 115, Civil Procedure Code. In so far as the petition was one to excuse delay in presentation I think it is quite clear that the order is not open to revision. Mr. Ramachandra Aiyar, however, contends that the appeal was not really time-barred and that the District Judge s order in so far as it declares the appeal to be time-barred is open to revision. The latest ruling on the point is a very recent one of Sankaran Nair and Sadasiva Aiyar, JJ., in Letters Patent Appeal No. 82 of 1911 and following this, I must hold that even in this respect the Judge s order is not open to revision under Section 115. Civil Procedure Code.

(3.) The petition is dismissed with costs.