MT. MAJIDAN Vs. DALMIR KHAN AND ANR.

JUDGEMENT

(1.) THIS is an appeal similar to Regular S.A. No. 535 of 1947 and is directed against a judgment and decree of the same learned Senior Subordinate Judge of Ludhiana who in this case also dismissed the appeal of the Appellant before him as being barred by time.

(2.) IN this case the judgment of the trial Court was delivered on 3 -8 -1946 and the appeal was filed on 8 -10 -1946 in the court of the Senior Subordinate Judge, Ludhiana. As the original judgment was of the Subordinate Judge, Samrala, an appln. for copies was made on 5 -8 -1946 at Samrala. This appln. was returned on 21 -8 -1946 and was re -filed in Ludhiana on 22 -8 -1946 and the copies were ready on 17 -9 -1946. In this case also there is the affidavit and the statement of the Copying Clerk that an appln. for copies was made to the Copying Agency at Samrala, and for reasons that I have given in Regular S.A. No. 535 of 1947 the time which was spent in trying to obtain copies at Samrala must be allowed to the Appellant.

(3.) IN the result, this appeal is allowed. The Appellant will have her costs in this Court. The appeal must, therefore, be remanded under Order 41, Rule 23, Code of Civil Procedure to the learned Senior Subordinate Judge for disposal in accordance with law. The parties have been directed to appear before the learned Senior Subordinate Judge, Ludhiana, on 11 -12 -1950. Court -fee on appeal be refunded to the Appellant.