PIKHESAR NATH TEWARI Vs. JANAKDEO NATH TEWARI

JUDGEMENT

(1.) The stamp-reporter has reported that the present appeal is barred by limitation. The facts were as follows Judgment was delivered on 28 September 1932, Ordinarily the period of limitation would expire on 27 December 1932. The appeal was filed on 8 February 1933. There is no doubt that the appellant was entitled to exclude the period from 19 November 1932. when he applied for copies and supplied the folios, to 29 November 1932, when the copies of the judgment and decree were received. This however does not bring the appellant within time.

(2.) The appellant contends that he is also entitled to exclude the period from 29th September until 1 November 1932 when the civil Courts were closed on account of the annual vacation. The appellant relies for this on the decisions in Debi Charan Lal V/s. Mehdi Hussain AIR 1916 Pat 317 and Munshi Mahton V/s. Lachman Lal AIR 1929 Pat 615. The stamp-reporter distinguishes these cases on the ground that they were cases in which the appeals were preferable to the Court below and the whole period of limitation, viz. 30 days, expired during the vacation. The present appeal, being to the High Court, the period of limitation is 90 days and the whole of this period was not occupied by the annual vacation of the civil Courts.

(3.) I do not think that the decision in Debi Charan Lal V/s. Mehdi Hussain AIR 1916 Pat 317 can be distinguished on that ground. In that case the plaintiff had obtained a decree on 27 September 1913, and the decree was signed on the same day. The Courts were closed from 28 September till 31 October, both days inclusive. Application for copy of the judgment was made on 3 November, and for a copy of the decree on 13 November. Both the copies were delivered on the 21st. The appeal was filed on 28 November.