MARTHANDA PILLAI Vs. DEVASSIA

JUDGEMENT

(1.) If a copy is ready for delivery during the vacation of a court and delivered only on the reopening date, will time run from the date of re-opening of court or will it start running when the copy was ready during the vacation This, in short, is the question raised in these two connected matters.

(2.) The plaintiff's suit was dismissed on 30-11-78. The application for copy was filed on 2-12-1978. Charges were called for on 23-12-1978. Charges were deposited on 1-12-1979. Date of appearance to receive the copy was fixed as 24-4-1979. It was delivered on 21-5-1979. The court had closed for summer recess from 7-4-1979 to 23-5-1979. The appeal was filed on 4-6-1979. As a matter of abundant caution, the plaintiff also filed an application to condone the delay in filing the application. The delay was not condoned and hence the revision against that order. The dismissal of the appeal followed the dismissal of the condonation application. The Second Appeal is filed against that decree.

(3.) The counsel for the appellant contended that there was in fact no delay in filing the appeal before the lower court, if only time is calculated to run from the date of reopening of the court, instead of from the date when the copy was ready during the vacation. If this contention is accepted the dismissal of the appeal was wrong and the S.A. will have to be allowed.