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Lalman Vs. Jagan Nath - Court Judgment

LegalCrystal Citation
SubjectCivil;Limitaion
CourtAllahabad High Court
Decided On
Judge
Reported in(1875)ILR1All260
AppellantLalman
RespondentJagan Nath
Excerpt:
act viii of 1859 - appeal when instituted--memorandum of appeal--limitation. - 1. we are unable to hold that the appeal was presented after the proper time, for the date of its presentation is the date on which it is first presented to the officer. in returning the application that the grounds of appeal might be amended, the judge should have prescribed a time within which it should have been again presented in an amended form. the case of ismail sahib v. arumuya chetti 1 mad. h.c.r. 427; see also hidayut ali v. maeraj begum h.c.r. n.w.p. 1871 p. 202; begee begum v. yusuf ali h.c.r. n.w.p. 1874 p. 139; sham chand koondo v. kally kanth roy marsh 336; ram coomar shaha v. dwarkanath hazra 5 w.r. 207; husrutoolah v. abdool kadir 6 w.r. 39; greesh chunder singh v. ram kishen bhattacharjee 7 w.r. 157; mengur munder v. huree mohun 23 w.r. 447; and see also the indian.....
Judgment:

1. We are unable to hold that the appeal was presented after the proper time, for the date of its presentation is the date on which it is first presented to the officer. In returning the application that the grounds of appeal might be amended, the Judge should have prescribed a time within which it should have been again presented in an amended form. The case of Ismail Sahib v. Arumuya Chetti 1 Mad. H.C.R. 427; see also Hidayut Ali v. Maeraj Begum H.C.R. N.W.P. 1871 p. 202; Begee Begum v. Yusuf Ali H.C.R. N.W.P. 1874 p. 139; Sham Chand Koondo v. Kally Kanth Roy Marsh 336; Ram Coomar Shaha v. Dwarkanath Hazra 5 W.R. 207; Husrutoolah v. Abdool Kadir 6 W.R. 39; Greesh Chunder Singh v. Ram Kishen Bhattacharjee 7 W.R. 157; Mengur Munder v. Huree Mohun 23 W.R. 447; and see also the Indian Limitation Act, Section 4, Explanation appears to be in point. The decree of the lower Appellate Court is set aside and the case remanded under Section 351 for trial by the lower Appellate Court.


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