SECY OF STATE Vs. SMPARIJAT DEBI

JUDGEMENT

(1.) The order appealed from in this case was passed on 17 March 1931, and the question before us is whether the memorandum of appeal, which was presented to the Court on 9th June, was presented within the time allowed and, if not, whether the time ought to be extended under Section 5, Limitation Act, 1908.

(2.) On 18 March the attorneys for the applicant, Srimati Parijat Debi, filed a requisition for the drawing up of the order; on 30 April the appellant's solicitor wrote to the Registrar asking that direction may be given for expediting the settling of the order; on 6 May appellant's attorney received the draft order for approval and returned it approved on the 8th. It was settled by the Registrar in the presence of the parties on the 12th, but it was not signed by the Registrar until the 20 and was not filed until 1 June. Meanwhile, on 18 May, the appellant's Attorney lodged a requisition for a copy of the order; on 2 June, the number of folios was marked in order that the appellant might file stamps for the appropriate amount; stamps were furnished on the same day; on 8 June, the copy of the order was ready for delivery to the appellant and he presented his memorandum of appeal on the 9th. It was refused by the Registrar on the ground that it had been presented after the expiry of 20 days from the date of the order.

(3.) By Art. 151, Limitation Act, the time for filing an appeal is 20 days from the date of the order. But the question before us turns upon the proper application of Section 12, Sub-section (2) of the Act which says: " that in computing the period of limitation prescribed for an appeal the time requisite for obtaining a copy of the decree, sentence or order appealed from shall be excluded."