Execution Petition - Condonation of delay in Setting Aside the Exparte order

(2011) 8 MADRAS LAW JOURNAL – Page 12 = 2011 (6) CURRENT TAMILNADU CASES – Page 268

Order 21 Rules 104 to 106 – Amendment Act 104 of 1976 – Limitation Act (36 of 1963), Section 5 – Execution Proceedings – Exparte order of attachment – Application to condone delay in seeking to set-aside Exparte order – same dismissed – Revision – Applicability of Section 5, Limitation Act – court in Tamil nadu need not, nay cannot invoke recourse to Rule 105 (4) as sub-rule (4) was deleted way back in 1972 – It is enough if proviso to sub-rule (3) of Rule 105 is invoked – So long as proviso under sub-rule (3) not shown to be inconsistent with any of amendments, it cannot be stated to have been repealed under Central Amendment Acts – Order of court below refusing to entertain application set aside.