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    Mariappa Annam v. Harihara Iyer And Others

    1. No authority has been cited to me for showing that the application referred to in O. 21, R. 89 of the CPC should be in writing or signed by the applicant or his pleader. Abdul Latif Moonshi v. Jadub Chandra Mitter(1) and Mathunji v. Kondaji(2) are cited to me and they furnish, it seems to me, sufficient authority for the arguments of the learned pleader who appeared for the petitioner. If any written application is necessary, then the petitioner's affidavit, dated 21st April 1911, seems to me to be sufficient to satisfy the requirements of law. I am of opinion that the District Munsif proceeded in a manner which was quite unwarranted and with a disregard to the ends of justice, which must be regretted.

    2. The orders of the District Munsif, dated 25th April and 11th July 1911, and the order of the District Judge, dated 29th August 1911, are set aside and the application, dated 21st April 1911, remanded to the District Munsif for disposal according to law. The parties will bear their own costs throughout.

    S.N/R.K

    3. Case remanded.

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    Mariappa Annam v. Harihara Iyer And Others
    (Oct 21, 1913)