Case No.:

AC-APP- 19-1956

Court:

Court of Appeal

Issue No.:

1961

Principles

·  Civil Procedure—Civil Justice Ordinance. Order II, r. 14—Order non-appealable— Timely application for revision allowed under Civil Justice Ordinance, s. 174

·  Civil Procedure—Civil Justice Ordinance, Order XI1, r. I—Application for revision— 15-day period

·  Civil Procedure—Civil Justice Ordinance, s. 174—Order under Order 11, r. 14—Timely application for revision allowed

·  Civil Procedure—Civil Justice Ordinance, S. 40—Not bar to retrial of suit dismissed under Civil Justice Ordinance, Order II, r. 14

Applicant’s suit was dismissed under Civil Justice Ordinance, Order II. r. 14. for failure to present a written statement required by the Provrnce Court. Applicant filed an appeal 31 days after the date of the order.
Held (1):An order under Civil Justice Ordinance, Order II, r. 14. is not appealable. Civil Justice Ordinance, s. 170.

(2) The appeal will be considered on application for revision.

(3) Application for revision is barred by Civil Justice Ordinance. Order X11, r. I, as untimely, being 16 days after the 15-day period prescribed in the rule.

Obiter dictum: Civil Justice Ordinance. s. 40. does not bar the retrial f suits dismissed under Civil Justice Ordinance. Order II. r. 14.

Judgment

(COURT OF APPEAL) *

MARITIME AND FORWARDING AGENCY v. HAKEEM GIRGIS

AC-APP- 19-1956

Advocates: Mamoun Sinada ………… for the applicants

M. I. El Nur 1. June 2, 1956 :—This is an application by Maritirne and Forwarding Agency for revision of the order of Province Judge, Kassala Province, dated April 7. 1956, whereby he dismissed applicants’ suit (CS-986-1956) under Order II, r. 14, of the Civil Justice Ordinance. As an appeal for revision it is out of date. According to Order XII, r .I.

* Court: M. A. Aba Rannat C and M. I. El Nut J.

applications for revision shall be made within 15 days from the date of the decree (or order).

Apparently the learned advocate for applicants was under the misapprehension it was an appeal, which it is not. An order under Order II, r.14 is not appealable order: Civil Justice Ordinance. s. 174, provides that a person considering himself aggrieved by a decree or order from which no appeal is allowed may apply for the revision of such decree or order. Therefore this application is to be considered as an application for revision and the fee already collected from applicant in excess of the prescribed fee for revision must be refunded to him.

As I have already said, the application for revision is sixteen days out of date; and if there had been any merit in the application, I would not have hesitated in extending the time. But as it stands I can see no reason why the order of the learned Province judge whereby applicants suit (CS-986=1956) was dismissed under Order II, r. 14, should be interfered with. Applicant failed to present the written statement the court required him to submit. He failed twice and, in my opinion the court was quite right in using its discretion against him to penalise him.

Applicant can raise a fresh suit since this dismissal does not act as a bar to the new suit under Civil Justice Ordinance. s. 40.

Therefore subject to the agreement of the Chief Justice I think this application should be summarily dismissed.

M. A. Abu Rannat C.J. June 9. 1956:-Application is summarily dismissed