ARUNACHALA NADAR Vs. KALAVATHI PALANICHAMI

JUDGEMENT

(1.) A. S. S. R. No. 89217 of 1988 has been preferred to this Court by the defendants in O. S. 406 of 1986 Sub-Court, Madurai. The judgment in that suit was pronounced on 11-8-1988 and a copy application filed by the appellants in the proposed appeal on 22-8-1988, stamp papers were called for on 19-9-1988 and deposited on 21-9-1988 and the certified copies of the judgment and decree were made ready on 30-9-1988. Before this Court, the appeal a. S. S. R. No. 89217 was presented on 20-12-1988. Calculating the period of limitation prescribed for the preferring of the appeal as per the endorsements found on the certified copies of the judgment and decree, the last day for the preferring of the appeal in time was 19-12-1988, though it was actually presented on the next day i. e. , 20-12-1988. On the office returning the papers raising the question how the appeal filed was in time, learned counsel maintained that 19-12-1988, which was the last day for presenting the appeal in time, was a partial holiday and in view of the Explanation to S. 4 of the Limitation Act, 1963, the appeal presented on the next day i. e. , 20-12-1988 was in time. Inasmuch as the office entertained a doubt whether the presentation of the appeal on 20-12-1988 could be regarded as having been done in time in view of the Explanation to S. 4 of the Limitation Act 1963, the matter has been placed before Court.

(2.) MR. T.R. Mani ,learned counsel for the proposed appellants, contended that on 19-12-1988, the Court during a part of its normal working hours remained closed and that under the Explanation to section 4 of the limitation Act, 1963, the court should be deemed to be closed on that day so that the preferring of the appeal the next day i. e. 20-12-1988 was in time as per section 4 of the Limitation Act.