JIJIBHOY N SURTY Vs. TSCHETTYER

JUDGEMENT

(1.) The appellant is plaintiff in a suit brought on the original side of the High Court of Rangoon which was dismissed on January 8, 1925, On April 28 he presented to the appellate side of the Court ft memorandum of appeal against the decree.

(2.) The Judge before whom the appeal came for admission noted that the appeal appeared to be out of time and directed that this point should be argued as a preliminary question before a bench of the High Court. Thereupon the appellant filed affidavits explaining the delay, and also a petition praying for an extension of time. The Court decided that he was in delay, and that no sufficient reason had been shown for any indulgence and dismissed the appeal.

(3.) Thereupon the appellant applied for a review of the decree dismissing the appeal, and for the first time argued that under the provisions of the Indian Limitation Act, the time during which he was procuring a copy of the decree and a copy of what is called the judgment-that is, the Judge's reasons for the decree- was not to be reckoned as part of the period of twenty days which was prescribed by Art. 151 for such appeals.