(1.) THIS application in revision came up for hearing before Oak, C. J. and S. N. Singh, J. They have referred it to a Full Bench because of a conflict between two Division Benches of this Court- Siya-dat-un-nissa v. Muhammad Mahmud, (1897) ILR 19 All 342 and Mukat Beharilal Agarwal v. Addl. District Magistrate Bareilly, AIR 1959 All 699.
(2.) THE question involved in the case is one of Limitation and it arises in this way. The applicant Bhagwan Swarup filed a suit against the opposite parties for the recovery of Rs. 600 by way of damages on the allega tion that he had been maliciously retrenched from his position as Commanding Officer of No. 229, U. P. N. C. C. R. Company of Municipal Intermediate College, Ujhani. The learned Munsif decreed the suit of the ap plicant against defendants nos. 1 and 2 on May 25, 1967. The Civil Courts closed for the summer vacation on June 2, 1967 and reopened after the vacation on July 3, 1967. The application for copies of the judgment and decree was made on the same date, that is to say on, July 3, 1967. Copies were ready and delivered on July 5, 1967 and the appeal was filed on July 6, 1967.
(3.) THE relevant Sections of the Indian Limitation Act, 1963 (hereinafter referred to as the 'Act') are Sections 4 and 12. They are reproduced below:-
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