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Judgment
The date of the decree of the Sub-Collector was 16th December 1889. The time allowed for appeal was one month. Appellant applied for
copy on 17th December. There is nothing to show when the stamp papers were called for, but assuming that they were called for on the 18th
December and deposited on 14th January, the appeal would be just in time. Following Mahadevi v. Vikrama I. L R 14 M 372, we are of opinion
that the time for obtaining copy should be excluded. Moreover the Acting District Judge on the 1st March 1890, excused the delay in presentation
as he was entitled to do, (see Reference under Forest Act V of ILR 1882 M 210) and admitted the appeal. We set aside the decree of the District
Judge and remand the appeal to be heard and determined on its merits. Costs to follow the result.