AVUDAI AMMAL Vs. GANAPATHI AIYAR

JUDGEMENT

(1.) The learned District Judge dismissed the appeal preferred by the 2nd defendant s legal representative in his Court as barred by limitation. Hence this second appeal by the 2nd defendant s legal representative.

(2.) We think that the learned District Judge was right in his view. Order XLI, Rule 1, Civil Procedure Code, requires the appeal memorandum to be accompanied by a copy of the judgment unless the Appellate Court dispenses therewith." No such dispensation was given and hence there was an irregular presentment of the appeal on 27th July 1910 to the District Court; Assuming, however, that the presentation of the copy of the judgment was dispensed with by the Appellate Court the appeal was presented long out of time. The appellant could not claim the deduction of any period as required for obtaining a copy of the judgment, as no time could be required or Could have been spent in obtaining copy of the judgment when such copy was dispensed with.

(3.) The time spent in obtaining a copy of the same judgment for purposes of filing a different appeal in another suit (though it was a connected suit disposed of with the present suit by a single judgment) cannot legally be excluded in computing the period of limitation, for filing this appeal.