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L. Jagmohan Saran Vs. Sahu Deoki Nandan and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1923All572; 84Ind.Cas.535
AppellantL. Jagmohan Saran
RespondentSahu Deoki Nandan and ors.
Cases ReferredRam Dhan v. Prag Narain
Excerpt:
civil procedure code (act v of 1908), order xlv, rules 7, 8 - limitation and code of civil procedure (amendment) act (xxvi of 1020)--certificate to appeal to privy, council--periods for, furnishing security and making deposit--deposit beyond time, effect of. - .....lal agarwala admits that on any calculation his payment was made subsequent to the latter of these two period in these circumstances following the decision in ram dhan v. prag narain 65 ind. cas. 249 : 20 a.l.j. 13 : (1922) a.i.r. (a.) 43 : 44 a. 216 we declare the certificate granted on the 10th of november 1922 revoked and reject the application for admission of this appeal. the costs which have been deposited in this court, and the security also, will be returned to mr. girdhari lal's client.
Judgment:

1. On the 3rd of May 1922 this High Court passed the decree Which is sought to be made the subject of an appeal to the Privy Council. On the 10th of November 1922 a certificate was granted, and thereupon it became obligatory upon the proposed appellant to the Privy Council, to furnish security and to make a deposit within, the period now prescribed by Act XXVI of 1920. As regards the security this Court did permit an alteration in the nature of the security but no question arises on this matter; to day. The difficulty in the way of the proposed appellant is that he being, as we conceive him to be, out of time in the making of a deposit, the certificate which has been granted to him must be revoked on the ground that it cannot be said that a deposit made out of time is one made to, the satisfaction of the Court under Order XLV, Rule 8. We are of opinion that the periods both for security and deposit are identical, and that they cannot in any event exceed a period of 150 days from the making of the decree or six weeks from the date of the granting of the certificate whichever of these periods is the longer. Mr. Girdhari Lal Agarwala admits that on any calculation his payment was made subsequent to the latter of these two period in these circumstances following the decision in Ram Dhan v. Prag Narain 65 Ind. Cas. 249 : 20 A.L.J. 13 : (1922) A.I.R. (A.) 43 : 44 A. 216 we declare the certificate granted on the 10th of November 1922 revoked and reject the application for admission of this appeal. The costs which have been deposited in this Court, and the security also, will be returned to Mr. Girdhari Lal's client.


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