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Judgment
Oldfield, J.—The learned Subordinate Judge dismissed the appellant''s petition to set aside the decree of the Small Cause Suit, because
appellants having been called on to deposit money and the time granted for doing so having bean extended until 3rd December 1912, no deposit
was made before the petition was taken up for orders on that date. Dawkins v. Wagner (1832) 3 Dowl. 535, Knox v. Simmonds (1791) 3 Bro.
C.C. 358 and Isaacs v. Royal Insurance Co. (1870) L.R. 5 Ex. 296 are authorities for holding that when time is given for the performance of any
act till a certain date, it includes that date. The learned Subordinate Judge therefore had no jurisdiction to pass his order of dismissal before 4th
December 1912. We must allow the Letters Patent Appeal and set aside the Subordinate Judge''s order dismissing the petition before him; costs
to abide the result of the Small Cause Suit.