K. Nataraja Gramani v. Sivakolundu Gramani

(Petition (disposed of on 27-8-1942) under S. 115 of Act V of 1908, praying that the High Court will be pleased to revise the order of the District Court of Chingleput, dated 6th February, 1940 and made in A.S. No. 347 of 1938, preferred against the order of the Court of the Subordinate Judge of Chingleput, dated 20th September, 1938 and made in M.P. No. 321 of 1938 in O.S. No. 29 of 1936.)

The appeal to the District Judge against the order of the Subordinate Judge was incompetent and the appellate order has to be set aside. I am asked in revision to rectify what appears to be an erroneous decision on the limitation question by the trial Court. While I am of opinion that the procedure of the executing Court in granting an ad interim stay followed by an absolute order is not contemplated by S. 20 of Act IV of 1938 and that when once a stay has been granted limitation for an application under S. 19 will begin to run, I am not prepared to hold that the decision of the learned Subordinate Judge was without jurisdiction because it proceeds on a different view of the limitation question. In the result the revision petition is allowed with costs here and in the District Court and the order of the Subordinate Judge is restored.