Tekait Ajant Singh vs Sundar Mall on 12 June, 1912
4. Now whether, as speaking for myself, I am able to hold that Order XLVII, Rule 7, enables the respondent to take objection before us now in this appeal from the final decree or order passed or made in the suit, or whether he is entitled to invoke the inherent power of this Court, as both of us are prepared to hold and as was held in the case of Ajant Singh v. Sundar Mall 16 Ind. Cas. 567 : 17 C.W.N. 862 it is clear that the non-compliance with Rule 4 of Order XLVII renders the granting of this application for review, which was prejudicial to the respondent, a nullity and that such an application could not be granted without previous notice. We have already shown that under Order XIJI, Rule 1, filing of the decree of the Appellate Court is imperative, and that the appeal cannot be said to have been perferred untill that decree is tiled. Appeal No. 2024 is, therefore, clearly barred by limitation.