SOHAN LAL Vs. SANT LAL

JUDGEMENT

(1.) THE interesting question of law that arises for consideration in the second appeal preferred by the defendant is as to the interpretation of Section 12 of the Limitation Act. The defendant had preferred an appeal against the judgment and decree of the trial Court in the Court of the District Judge and the same has been dismissed on the ground of having been filed after the expiry of the period of limitation. An oral prayer was made by the defendant appellant before the learned District Judge for extending to him the benefit of Section 5 of the Limitation Act, but that prayer was also turned down.

(2.) THE judgment of the trial Court was pronounced on 18 8 1958 and on the same day an application for obtaining a copy of the judgment and decree was filed on behalf of the defendant. The copies of judgment and decree were delivered on 26 8 1958. 26 9 1958 was a holiday and the appeal was filed on 27 9 1958.

(3.) SUB sections (1) and (2) of Section 12 of the Limitation Act read as below: