SYED ABDULLAH HOSSAIN CHOWDHURY Vs. ANANDA CHANDRA ROY

JUDGEMENT

(1.) This is an application by one who desires to appeal to Hi Majesty in Council for a certificate that as regards amount or value and nature the case, fulfils the requirements of Section 110 of the Civil Procedure Code.

(2.) It is conceded that if the application is within time a certificate ought to issue : it is, however, contended that the appeal is not within the period of six calendar months prescribed by the Order in Council of 1838. To this it is answered that the application is within six months from the date of the decree appealed from if, in computing the period of limitation, the time requiste for obtaining a copy of the decree is excluded.

(3.) The Order in Council does not expressly allow this inclusion, but the Limitation Act of 1908, Section 12, purports to direct it. The question for our decision is whether it was within the competence of the Indian Legislature to enact this provision. The Governor-General in Council has power at legislative meetings to make laws for all Courts within British India subject to certain exceptions, and among them is this, that he cannot make any law repealing or affecting any provision of the Government of India Act 1858 (24 and 25 Vict. C. 67, Section 22.)