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april 1972

Supreme Court of India · 1972-04-12

JAYARAM MUDALIAR vs IYYASWAAR & ORS.

Citation / case number
SC 1968/60337
Court
Supreme Court of India
Petitioner
JAYARAM MUDALIAR
Respondent
IYYASWAAR & ORS.
Bench
SIKRI, S.M. (CJ)

Judgment text excerpt

The Supreme Court examined the validity of Rule 28 of Order 4 of the Madras High Court Rules, affirming that it does not infringe upon the power to grant declarations under clause 15 of the Letters Patent. The Court held that the rule is essential for timely appeals, allowing judges to decide on certificates in the presence of parties, and can be extended under Section 5 of the Limitation Act, 1963 if justified. The appeal was allowed despite the appellant's failure to request a certificate on time, as special leave had been granted.

JAYARAM MUDALIAR vs IYYASWAAR & ORS. · Niyam