LAWS(PVC)-1930-12-169

MD ISMAIL CHOWDHURI Vs. KALI CHARAN SINGH

Decided On December 05, 1930
MD ISMAIL CHOWDHURI Appellant
V/S
KALI CHARAN SINGH Respondents

JUDGEMENT

(1.) IN this matter if; appears that the application for the copy of the decree was filed on 6th September 1930 and the requisition for stamp and folios was notified on 6 September 1.930. The 7 September was a Sunday and the requisite stamps and folios were supplied on 10 September 1930. This memorandum of appeal was presented in the office on 2nd December 1930. The question is whether 7 September 1930, which was Sunday, should be excluded from computing the period according to the rules contained in General Letter No. 16, dated 2 September, 1918. If that Sunday be excluded from computation, the appellant is within time and if ho is not entitled to exclude that day, ho is out of time by one day. It appears to us that under Clause (2) (ii) of the rule in General Letter No. 16 any holiday or holidays immediately following the day or period mentioned in Clause (i) should be excluded. Under Clause 1 the period from 5 September, when the application for copy was made to the data when the notices for requisite stamps and folios were given, namely 6 September 1930, should be excluded and also the day following that period if such day happens to be a holiday. Under the rule as it stands we are of opinion that 7 Sep-ember 1930. which was a Sunday, should be excluded in computing the period. We do not therefore agree with the Stamp Reporter that the time occupied in filing he folios can only be deducted if the entire period falls within holidays.

(2.) LET the appeal be registered as filed within time.