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Siva Subramania Chettiar, Minor By ... vs Adaikkalam Chettiar And Ors. on 10 December, 1943 cites

T.S. Subbaraya Devai vs R. Sundaresa Devai on 3 May, 1932

As before Horwill J. Mr. Gopalaswami Aiyengar has dwelt on the judgment of Ramesam J. in Subbaraya Devai v. Sundaresa Devai ('33) 20 A.I.R. 1933 Mad. 5. In that case an application for leave to sue in forma pauperis had been dismissed for default after an application for an adjournment had been refused and the question was raised whether the discovery by the Court later of a reasonable ground for an adjournment was a good ground for reviewing the order of dismissal. Although he refused to interfere with the order of dismissal in that case, Ramesam J. considered that the later discovery by the Court of a good ground for an adjournment was sufficient to warrant the granting of an application for review. These observations cannot be accepted in view of the Bench decisions to which reference has been made; but even if we were not bound by authority we could not agree with them. As on the authorities an application for review did not lie and as there is no scope here for the exercise of the inherent power of the Court, the appeals must be dismissed with costs.
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