N. S. HADAS Vs. BANWARILAL SHANKARLAL

JUDGEMENT

(1.) THE only question which at this stage is to be considered is whether the appeal No. 11-A of 1947 presented in the Court of Mr. S.C. Rai, 3rd Additional District Judge, Nagpur, on 1-11-1946 was within limitation.

(2.) THIS is to be considered independently of Section 5, Limitation Act, as the earned Counsel for the appellant made it quite clear that he was not relying on that section and was not praying for extension of time, as according to him, his appeal as presented on 1-11-1946 was well within limitation.

(3.) AFTER a few days with which we are not concerned, the appellant was told to appear on 14-10-1946 for receiving the copies. He however actually appeared on 16-10-1946 and the copies were delivered to him. As already stated above, these copies were utilised for filing an appeal in the lower appellate Court on 1-11-1946. It may be mentioned here that the decree was actually signed on. 27-7-1946, though according to Order 20, Rule 7, Civil P.C. the decree shall bear date the day on which the judgment was pronounced. The difference between the date of the judgment and the date of the decree is inconsequential in the present case.