NATHMAL Vs. SANWALRAM

JUDGEMENT

(1.) THIS case has been referred to Division Bench by one of us shitting singly. The following two questions arise according to the order of reference - 1. Whether second appeal in the present case was governed by sec. 608 of the Jaipur Civil Procedure Code of Smt. Year 1987 or' of sec. 100 of Jaipur Code of Civil Procedure, 1943? 2. Whether time spent in prosecuting the application for leave to appeal to D. B. may be excluded and the application for review be treated as within time?

(2.) A decree for redemption of a shop was confirmed in appeal by this Court on the 24th of July, 1950. The mortgagee filed an application for leave to appeal to the Division Bench under sec. 18 of the Rajasthan High Court Ordinance on the 16th of August, 1950, which was dismissed on the 6th of October, 1950. He then filed a review petition on the 2nd of December, 1950; An objection was taken by the mortgagor that the review petition was barred by the period of limitation. The applicant, however, applied for the benefit under sec. 5 read with sec. 14 of the Indian Limitation Act on the ground that he was diligently pursuing the case for filing an appeal but when his application for leave to appeal was dismissed he chose to taken his stand on the review petition.