SITARAM BHIOSAN ROOT Vs. WAMANRAO BABLAJI ROOT

JUDGEMENT

(1.) TWO questions arise for decision at this stage: (1) whether the appeal was filed within time, and (2) if not whether the appellant had made out sufficient cause for admission of the appeal under Section 5, Limitation Act.

(2.) THE decree against which the present appeal was filed was passed on 24th July 1945. The appeal was filed on 12th November 1945. i.e. on the 111th day. nth November 1945 was Sunday at if the limitation expired on that date, the appeal filed on the next day, i.e., 12th November 1945 would have been within time. The office put up a note that the appeal was barred by limitation by two days and in computing the period of limitation it allowed 19 days as the time requisite for obtaining the copy and stated that the appeal was barred by two days.

(3.) THE application for copy was made on 3rd September 1945. In column 7 '18-9-1945' is noted as the date on which an intimation was sent to the appellant to supply funds. In column 8, '28 9-1948' is noted as the date on Which funds were supplied. The copy was delivered on 1st October 1945. The appeal was filed on 12th November 1945. The office has allowed 19 days' period from 3rd September 1945 to 18th September 1945 and from 29th September 1945 to 1st October 1945 as the time requisite for obtaining a copy. The learned Counsel for the respondent supported the objection made by the office that the appeal was barred by limitation.