NARAYAN PURSHOTTAM GARGOTE Vs. LAXMIBAI DATTO BHAGVAN

JUDGEMENT

(1.) This application arises under the following circumstances :-

(2.) The District Court of Satara having decided Appeals Nos. 67 and 70 of 1911 on its file against the plaintiff, he presented an application for review to that Court on the 10th October 1912. A rule nisi was granted on the 12th October and on the 14th of October he filed a second appeal in this Court against the decree of the lower appellate Court. He also informed the Registrar, while filing the appeal, that he wanted the appeal to be kept pending until his review application to the lower appellate Court was disposed of.

(3.) The District Court has rejected the review application on two preliminary grounds without going into the merits of the application. One1 of the grounds is that certain copies which ought to have been filed with the application were not filed, and that the application could not, therefore, be entertained. Without expressing any opinion as to whether it was necessary to file those certified copies with the application, I am clearly of opinion that when the Court admitted the application on the 12th of October with full knowledge of the fact that the copies were not filed along with the application, the omission was sufficiently condoned. It would not, therefore, be right to disallow the application on that ground.