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Judgment
This application for the admission of an appeal to Her Majesty in Council is put in 92 days out of time, and the time taken by the petitioner in
obtaining copies of the decree and judgment cannot be excluded.
An application of this nature under Article 177, Clause 4 of the Limitation Act does not fall within the provisions of Section 12, Act XV of
1877.
We agree with the view taken by Stuart C.J., in Jawahir Lai v. Narain Das ILR 1 All. 644 and the same view was taken by this Court in Civil
Miscellaneous Appeal No. 254 of 1886.
We may also observe that Section 599 of the CPC has been repealed by Act VII of 1888. We cannot see that the argument based upon the
alleged harshness of the law has any foundation. The period of six months, which is allowed by law, seems ample, and in this case the petitioner
was actually in possession of copies of the decree and judgment on August 26th, so that he had ample time before November 6th to prepare a
memorandum of grounds of appeal and make an application to this Court u/s 600. We are, therefore, constrained to dismiss this application with
costs.