TMI Blog1978 (3) TMI 214X X X X Extracts X X X X X X X X Extracts X X X X ..... y the learned Subordinate Judge of Ootacamund. Prior to the presentation of the appeal and after the final decree was passed, an application to review the order in I. A. No. 815 of 1969 passing a final decree was filed by the plaintiff and was pending disposal till about the time the appeal was sought to be presented. If the period during which such an application for review was pending is exclude ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ree was passed declaring that the decree-holder is entitled to possession of the house bearing new door No. 280 on payment of ₹ 12,000 being 2/5th share due to the respondent and that the respondent will be entitled to execute the decree if the amount is not paid within three months. A charge over the suit property was created in favour of the defendant for the aforesaid amount. The decree-h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h v. Kanshi Ram, ILR (1917) Cal 94 : AIR 1917 PC 156 the Privy Council has laid down a general rule for the exercise of the judicial discretion under S. 5 of the Limitation Act to admit, for sufficient cause an appeal which would otherwise be barred by limitation. It has referred to Kattu Bakheh v. Daulat Ram (1888) Pun Re 183 and observed that the true guide is whether the appellant has acted w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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