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Deo Inder Singh and ors. Vs. Khushi Ram - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1923All536; 76Ind.Cas.375
AppellantDeo Inder Singh and ors.
RespondentKhushi Ram
Excerpt:
limitation act (ix of 1968), section 5, schedule i, article 179 - application for leave to appeal to privy council--delay--extension of time, whether permissible. - interpretation of statutes definition clause: [markandey katju & h.l. dattu, jj] meaning given to an expression in one statute cannot be applied to another statute. - the present application is clearly an application for leave to appeal. article 179 of schedule i of the limitation act describes the application as an application for leave to appeal to his majesty, and prescribes a limitation if ninety days as the article stands amended under act xxvi of 1920. the application being an application for leave to appeal, it clearly comes within the purview of section 5 of the limitation act......of the limitation act, asking this court to extend the time for presentation of an application for leave to appeal to his majesty in council.2. the first question which we have to consider is whether section 5 can apply to a case of this kind. the language of the section as it now stands is very clear. it is to the effect that time for presenting an appeal, or an application for leave to appeal may be extended under the provisions of this section for sufficient reasons. the present application is clearly an application for leave to appeal. article 179 of schedule i of the limitation act describes the application as an application for leave to appeal to his majesty, and prescribes a limitation if ninety days as the article stands amended under act xxvi of 1920. the application being an.....
Judgment:

1. This is an application under Section 5 of the Limitation Act, asking this Court to extend the time for presentation of an application for leave to appeal to His Majesty in Council.

2. The first question which we have to consider is whether Section 5 can apply to a case of this kind. The language of the section as it now stands is very clear. It is to the effect that time for presenting an appeal, or an application for leave to appeal may be extended under the provisions of this section for sufficient reasons. The present application is clearly an application for leave to appeal. Article 179 of Schedule I of the Limitation Act describes the application as an application for leave to appeal to His Majesty, and prescribes a limitation if ninety days as the Article stands amended under Act XXVI of 1920. The application being an application for leave to appeal, it clearly comes within the purview of Section 5 of the Limitation Act. We have next to consider whether sufficient reason has been shown for the delay in the presentation of the application. The application would have been within time if it had been presented on the 23rd October 1922. An affidavit has been filed to the effect that the agent of the applicant was coming to Allahabad for the purpose of filing the application for leave to appeal to His Majesty in Council, teat when he reached the Aligarh station, he had an attack of Renal Colic, which confined him to bed till the 2nd of November following. The affidavit stands uncontradicted and is supported by a medical certificate, which he has produced. The Court was closed from the 3rd of November to the 5th, and on the 6th of November, the present application was filed. In these circumstances, we think that sufficient reason has been shown for the delay in the presentation of the petition. We accordingly grant this application.


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