STATE Vs. JOHN MATHEW

JUDGEMENT

(1.) This appeal was referred to a Full Bench by the following order of reference:

(2.) The question for decision in the appeal is whether it is Art. 166(1) of the Travancore Limitation Act (Art. 182(1) of the Indian Limitation Act) or Art.166(2) - Art.182(2) - that will apply to the case. If Art.166(1) applies the period of limitation will have to be calculated from the date of the decree of the District Court, i.e., from 10.7.1946. If Art.166(2) applies the period will have to be calculated from the date of the final decree or order of the High Court. Art.166(2) will apply if there has been an appeal from the decree of the District Court. If has, therefore, to be decided whether there has been an appeal in this case.

(3.) What happened in the case was this:- The plaintiff applied in the High Court under O. 43 R.1, Travancore Code of Civil Procedure (O.44 R.1, Indian Code) on 29.11.1123 for permission to appeal as a pauper from the decree of the District Court. A memorandum of appeal was also filed along with the application, as required by O.43 R.1 (O.44 R.1). Copies of the judgment and decree of the District Court were also produced along with the memorandum of appeal. The application was disallowed by the High Court by its order dated 31.3.1950; but the applicant was allowed time to pay the requisite court fee. The order which was passed by a Single Judge of the High Court was to the following effect:-