CHEMPAKAKUTTY KALYANI Vs. KUNJU KAMMAKSHI

JUDGEMENT

(1.) These two cases have been placed before me to decide whether the appeals have been filed out of time. The plaintiff filed a suit in respect of 97 cents of land

(2.) (Missing)

(3.) The Court must adopt that construction which advances enforcement of rights rather than inhibits or curtails it. Therefore, as between two interpretations of S.12, one that will give a larger period of limitation must be preferred. Indeed, there is really no possibility of two interpretations in this case because S.12 expressly excluded two periods and there is no warrant for so reading S.12 as to constrain a party to apply for a copy of the decree and judgment within the statutory period of 90 days before he could claim the benefit of the exclusion. That would be rewriting the Section while what is required is to adopt a benignant construction.