WILAYATI BEGUM Vs. FIRM JHANDU MAL-MITHU LAL

JUDGEMENT

(1.) A question of limitation arises in connexion with this application for leave to appeal to His Majesty in Council. The judgment of this Court was delivered on March 1925, and admittedly the application for leave to appeal was not presented till 20 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 sometime 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), Section 12, Lim. Act, does not apply to the case cow before us, then it must be held that the application for leave is beyond time.