This ruling concerns a reference made by the
applicant, from a decision of a single Judge of
this Court, who granted leave to the
respondent to institute an appeal out of time.
The order was confirmed by the bench and
now gives their reasons.
Headnote and Holding:
The court held by striking out that application,
the learned single Judge did not make a final
decision on its merits. He did not therefore
exhaust his powers and so never became
functus officio. That when the learned Judge
considered Civil application No. 12 of 2007
which is the genesis of this reference, he was
dealing with a new and different matter in
which he was called upon to decide the merits
of the application in the form of a notice of
motion supported by a sworn affidavit.