KEEPILACHERI PARKUM CHEEPOTHI AMMAD Vs. VANNATHANKANDIYIL AMBALATHANKANDI AYISSA

JUDGEMENT

(1.) This second appeal comes before us for orders with reference to Rule 105 of the Appellate Side Rules. The appoints admittedly failed to make the necessary deposit for printing papers as required by the rules within the time allowed: and in our order on Civil Miscellaneous Petition No. 2329 of 1915 we have declined to extend the time. Under the rule, the appeal is, therefore, liable to be dismissed.

(2.) It has, however, been argued that the latter part of the rule itself (Rule 105) is ultra vires. The rule runs thus: The appeal shall be liable to be dismissed for default of prosecution, if any of the papers mentioned in this rule have not been printed owing to the appellant s failure to make the necessary deposit therefor.

(3.) The rule, as it stands, has been in force since 1905 and has frequently been enforced by dismissal of appeals. Even in 1905 it was in no sense a novel provision. A similar penal clause is found in the rules as far back as 1879, though it is omitted or modified in the rules as re- issued between 1900 and 1905. No authority whatever has been quoted in support of the contention that it is ultra vires, and so far as I am aware its validity has never hitherto been questioned.