CHUNILAL JETHABHAI Vs. DAHYABHAI AMULAKH

JUDGEMENT

(1.) In this case it appears that the petitioners have filed a Second Appeal against the order dated the 20 December 1906, in Appeal No. 399 of 1905 on the file of the District Court of Ahmedabad on the 6 of April 1907 with all the necessary copies except the certified copies of the order of the first Court and of the decree of the appellate Court and of the decree of the High Court in the original suit. The said certified copies of the order of the first Court and of the appellate decrees in the original suit were filed on the 10 June 1907.

(2.) The Registrar, however, directed the appeal to be returned as being beyond time.

(3.) The appeal as presented on the 6 of April 1907 was in time, but the Registrar treated it as having been presented on the day on which the remaining copies were filed and has treated it as time-barred.