RAMZAN BAKSH Vs. MAHAMMAD ISHAQ

JUDGEMENT

(1.) The sole question for determination in this appeal is whether the appeal presented before the lower Appellate Court was within time. That Court dismissed the appeal on the ground that it was time-barred.

(2.) The facts briefly are these : The decree sought to be appealed against was passed on the 22nd of September, 1922. The appeal was filed on the 27 of November, 1922. A copy of the judgment was applied for on the 23 of September, 1922, and a notice was given of the copy being ready on the 23 of October of the same year. The decree was for partition and had to be engrossed on a stamped paper. The successful plaintiff did not provide the stamp paper till a very late date. On the 15bh of November, 1922, an application was made for a copy of the decree to be appealed against. As a matter of fact, the decree was not signed by the learned Subordinate Judge who passed it till 25 of November, 1922. A copy was made of the decree on the same date and was handed over to the appellant. Twenty-six November, was a Sunday. As we have already stated, the appeal was filed on the 27 of November, 1922.

(3.) The learned Judge, in dismissing the appeal as time-barred, has not given his reasons very clearly. As we take it, it appears that he was of opinion that an application for a copy of the decree ought to have been made while the period of limitation, initially granted by the First Schedule of the Limitation Act, was yet unexpired.