MEGH BARAN SINGH Vs. BRAMA DAS

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit which was dismissed by the Court of first instance on the 4 of August 1923. It is stated in an affidavit filed in the lower Court that an application for a copy was made on the 11 of August, but for some reason or another it was rejected on the 15 of August. This matter, however, may be ignored. The thirty days allowed for filing the appeal before the District Judge expired on the 3 September 1923, but the 2nd, 3 and 4th happened to be holidays. Thus if the memorandum of appeal had been ready to be filed it would have been in time if it had been filed on the 5 September. The plaintiff, however, had not previously applied for fresh copies but made his application on the 5 September, the last day on which his appeal would have been within time owing to the holidays. The copies were granted to him on the 7th September and he took care to file the appeal on the very day, namely the 7th September.

(2.) The learned Judge of the Court below came to the conclusion that the appeal was filed one day beyond time, He thought that there was no good ground for extending the time and he accordingly dismissed the appeal as being barred by time.

(3.) In second appeal it is contended on behalf of the plaintiff-appellant that, as a matter of fact, the appeal to the District Judge was not barred by limitation at all; and secondly that even if it was barred by limitation he should have extended the time.