G NAGIREDDI Vs. K CHINA BASIREDDIGARI SUBBAREDDI

JUDGEMENT

(1.) This is an appeal under clause 15 of the Letters Patent against the Order of our learned brother Umamaheswaram, J., in K. C. B. Subbireddi v. Nagireddi, (1958) 1 An. W.R. 223.

(2.) The only point that calls for decision in this appeal is whether the expression 'fortnight' is equivalent to fifteen days or only two weeks. This is how that question arises. The appellants filed a suit for specific performance of a contract of sale in the District Munsif's Court, Cuddapah, and it was dismissed. On appeal preferred by the aggrieved plaintiffs, the suit was decreed on condition of their depositing Rs. 750 within a fortnight from the date of decree, i.e., 1st September, 1949 and that in default the appeal would stand dismissed with costs. The appellants deposited the requisite amount on 16th September, 1949.

(3.) It was contended on behalf of the respondent that there was no compliance with the order in question because the amount was not deposited before 15th September, 1949. This objection prevailed with the executing Court with the result that the deposit was not accepted as being in time.