TMI Blog1951 (8) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... e prescribed time. Though the facts make it abundantly clear that there was no wilful default on the part of the tenant in the payment of rents, nevertheless, it cannot be said that the learned Subordinate Judge was wrong in holding that there was a technical default in payment within the time prescribed. His order therefore was on his finding quite proper. But the learned counsel for the petitioner invokes in his aid a new provision inserted by Madras Act VIII of 1951 which amended the Madras Buildings (Lease and Rent Control) Act, 1949. Under Section 9 of this Amending Act (VIII of 1981) the following proviso was added to Section 7 (2) namely, Provided that in any case falling under Clause (i) if the Controller is satisfied that the te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an application for the issue of a writ of certiorari or similar order made under Article 226 of the Constitution cannot be described as a proceeding instituted under the Madras Buildings (Lease and Rent Control) Act. The Act provides for an appeal, but it does not provide for any further proceeding by way of revision or by way of certiorari to this Court. It may be straining the language of the enactment to say that an application for certiorari is instituted under that Act though it may by a process of devious reasoning be held that in one sense this application for a writ of certiorari must be deemed to be instituted under the Act, because though there is no express provision made in the Act for an application for certiorari, inasmuch as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an on this application for certiorari set aside by quashing the order in the appeal. Surely, in such circumstances, it must be said that the appeal is pending. In In re Clagett's estate, Fordham v. Glegett, (1882) 20 Ch. d. 637 , Jessel M. R. when discussing the question when an insolvency can be treated as pending observed thus: What is the meaning of the word pending ? In my opinion, it includes every insolvency in which any proceeding can by any possibility be taken. That I think is the meaning of this word 'pending'. A cause is said to be pending in a Court of justice where any proceeding can be taken in it. That is the test. If you can take any proceeding it is pending. Pending does not mean that it has not been trie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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