This is an application for leave to appeal to His Majesty in Council against the orders passed on two applications, namely, C.M.P No. 5641 of 1940—(S.R 29098 of 1940), and C.M.P No. 5629 of 1940, C.M.P No. 5629 of 1940 was an application to excuse the delay by deducting the time taken in C.M.A Nos. 643 and 644 of 1938 on the file of the High Court in computing the time for the application for the re-hearing of A.S No. 99 of 1936 on the file of the High Court. C.M.P No. 5641 was an application to set aside the ex parte decree passed in the appeal against the applicants and for re hearing the said appeal. On application No. 5629 of 1940 we passed the following order:
‘We see no reason to interfere, dismissed.’
By reason of this order we thought it unnecessary to pass any orders on C.M.P No. 5641 of 1940. Mr. Sivaramakrishna Ayyar has contended that he was entitled to make the present application for leave to appeal to the Privy Council under Ss. 109, and 110, C.P.C on the ground that he was entitled as a matter of right to appeal under Cls. (a) and (b) of S. 109. We are clearly of opinion that the orders in question were not orders passed on appeal within the meaning of S. 109(a) and it is not shown how they fell under S. 109(b). The only clause on which the applicant seek to rely in support of his application is S. 109(c) and we are definitely of the opinion that this is not a fit case in which we could grant our certificate for leave to appeal to the Privy Council. The application is dismissed with costs.
Application dismissed.
N.R.R