NARNOR vs. PALM GROVE ESTATE LTD.

JUDGMENT OF ARCHER J. On 10 August 1964 I dismissed an application by the judgment-debtor in this case for a review of decision of 13 July 1964 disallowing the judgment-debtor’s application for stay of execution. The application for review was filed on 31 July 1964 and in view of the time limit laid down by Order 39, r. 8 (3) of the Supreme [High] Court (Civil Procedure) Rules, 1954,1 I decided that I was not competent to entertain the application as it was made more than fourteen days after the order of 13 July 1964 had been made. Learned counsel sought to rely on Order 64, r. 6 which gives the court or a judge power to enlarge time but I pointed out to him that the opening words of rule 6 of Order 64 excluded Order 39 from the ambit of the discretion conferred on the court by rule 6 of Order 64. I shall now attempt to convince learned counsel with the reasons for my decision. Order 39, r. 8 (3) reads: “Applications for review under this order shall be made within 14 days from ...