Ramcharan Shukul and Another vs Sri Thakurjee Mandil Darkadhis

The question is whether this appeal was filed within the period of limitation or whether it is barred by limitation. The judgment of the Court of appeal below was pronounced on 27th September 1929, a copy of the decree was applied for on 8th November 1929; the decree however was signed on 9th November 1929 and the copy was ready on the same day, that is 9th November 1929. The copy of the judgment was applied for on 2nd January 1930; it was ready on 6th January and the appeal was filed on 7th January. The period of limitation was 90 days from, the date of the decree which would expire on 26th December 1929. The Court however was closed on that date on account of the Christmas holidays and therefore u/s 4, Lim. Act, the period of limitation was up to the reopening of the Court that is, 2nd January 1930. The time taken in obtaining the copies of the decree and of judgment was 7 days. The appellant was therefore u/s 12, Lim. Act, entitled to exclude seven days from the period of limitation for filing the appeal. As I have stated the period of limitation in this particular case was not 90 days, but 90 days plus the six days during which the Court remained closed on account of the Christmas holidays. Article 156 has to be read along with Section 4. of the Act and the period of limitation prescribed must be the period prescribed in Article 156 and, the period during which the Court remained closed after the expiry of the 90 days; that would in the present case give 96 days to the appellant as the period during which the appeal could have been filed. From 96 days he was entitled to exclude seven days which was the time taken for taking the copies. The appeal having been filed on 7th January is clearly within the period of limitation.