LAWS(PVC)-1925-12-187

WILAYATI BEGAM Vs. FIRM JHANDU MAL-MUTHU LAL

Decided On December 18, 1925
WILAYATI BEGAM Appellant
V/S
FIRM JHANDU MAL-MUTHU LAL Respondents

JUDGEMENT

(1.) A question of limitation arises in connection with this application for leave to appeal" to His Majesty in Council. The judgment of this Court was delivered on the 30 of March 1925, and admittedly the application for leave to appeal was not presented till the 20 of October 1925.

(2.) Certain reasons are given in explanation of the delay. It is said that some time had to be taken for the purpose of obtaining a copy of the decree of this Court, and further it is said that some time was taken for the purpose of obtaining a copy of this Court's judgment.

(3.) It is argued on behalf of the applicant that if both the periods just referred to can be taken into consideration and allowed, then the application for leave to appeal is within time. It is conceded, however, that if Sub-section (3) of Section 12 of the Limitation Act does not apply to the case now before us, then it must be held that the application for leave is beyond time.