The respondents have sought to support the Lower Appellate Court's order only as based on the application of Somasunda-ram Pillai of 6th December 1905. We cannot treat the order dismissing it as one recognising the validity of Somasundaram's assignment, or in view of that order, which became final, assume that his assignment was valid. We moreover do not regard it as immaterial whether the maker of the application relied on as extending time failed to obtain recognition of his right and we respectfully dissent from Uduman Haji v. Mammi Kutti relied on by respondents. Holding that the application of 6th December 1905 is not shown to have been made by a person entitled to make it, we decide that the present petition is out of time.
We therefore allow the appeal against appellate order and dismiss E. P. No. 514 of 1909 with costs throughout.
S.SAppeal allowed.