MOHAN SINGH Vs. MURARILAL

JUDGEMENT

(1.) THE only question, involved in this second appeal is whether the appeal in the Court below against the decision of the trial Court dated 9 -5 -1950 was filed within the period allowed by Law.

(2.) THE trial Court dismissed substantial part of the Plaintiff's claim and decreed the claim to the extent practically admitted by the Defendants Nos. 1 and 2 on 9 -5 -1950. The decree was prepared on the basis of trial Court's decision by it on 15 -5 -1950. On 16 -6 -1950 he applied for copies of judgment and decree. On the same date he submitted a memorandum of appeal unaccompanied by copies of the judgment and decree appealed against.

(3.) PLAINTIFF -Appellant, however, alleged that he was ill before 16 -5 -1950. There was, according to him, a boil in his arm -pit. This prevented him from obtaining information about the decision. It was also stated that no decree was prepared up to 15 -5 -1950 and that the Court had closed for summer vacation from 16 -5 -1950 to 15 -6 -1950 and it re - opened on 16 -6 -1950. He was therefore entitled to the deduction of that period.