KALYANASUNDARAPPA AIYAR Vs. CHINNASAMI SERVAI ALIAS CHINNASWAMY THEVAN

JUDGEMENT

(1.) In this case, the petitioner's suit was dismissed for default on 20 January 1921. On 24th February 1921 he applied for its restoration. That application should prima facie have been made not later than 19 February 1921. But it was contended before the lower Court and is contended here that the time available was extended with reference to the occurrence of holidays on 19th, 20 21 and 22 February, 1921.

(2.) As regards 21 and 22 February, 1921 there is no doubt that the lower Court was closed under Government Notification for the Mahamakam festival. 20 February 1921 was a Sunday. The only question is then whether the Court was closed on 19 February 1921. That day was a holiday as a penultimate Saturday. But the Court sat and the day was treated as not a public holiday with the special permission of the High Court, given in its order dated 4th February 1921.

(3.) It is urged first that the lower Court should have held that the petition to it was in time with reference to Section 4 of the Limitation Act. Section 4 is applicable only when the period of limitation expires on a day when the Court is closed. It cannot be said that in the present case the Court was closed on 19 February 1921.