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Madras High Court
Narayanaswamy Tevan And Ors. vs Krishnasami Pillai (Died) And … on 17 July, 1914
Equivalent citations: 25 Ind Cas 67
Bench: Ayling, Napier


JUDGMENT

1. We agree with the District Judge that the date of the decrees for the purpose of calculating appeal time must be taken to be 18th April 1911, when the judgments were pronounced. Order XX, Rule 7, of the Code of Civil Procedure, 1908, read with Article 152 to Schedule I of the Indian Limitation, Act, 1908, is conclusive on this point.

2. On the other hand we think appellants are entitled under Section 12 (2) of the Indian Limitation Act to claim that the period between 18th April 1911 and 20th June 1911 should be excluded as time requisite for obtaining copy of decrees. They were allowed time by the Court up to 20th June 1911 for paying the extra Court-fee and were entitled to fully avail themselves of it. Until they did pay, it was impossible for any action to be taken towards preparing the decrees. In fact they applied for copies of judgments and decrees on 21st April 1911; but their applications were rejected on the ground that the decrees had not been drawn up.

3. The appeals were, in our opinion, presented in time. They should be admitted and disposed of according to law.

4. Costs will be costs in the cause.


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