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Ghulam Ghouse Sha and Sahib Kadiri Aergal Vs. Venkatachalam Pillai - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Reported in(1903)13MLJ316
AppellantGhulam Ghouse Sha and Sahib Kadiri Aergal
RespondentVenkatachalam Pillai
Excerpt:
- 1. it is shown that the 28th august 1899 was gazetted as a general public holiday. such being the case, it is clear that that day should have been looked on as a dies non for purposes of limitation and excluded from the 30 days allowed. the fact that the sub-collector chose to attend office on that day cannot affect the question.2. we set aside the decree of both the lower courts and direct the divisional officer of kumbakonam to retake the suits on his file and dispose of them according to law. costs in this and the lower appellate court will be costs in the cause. the court-fees paid in this court and in the lower appellate court will be refunded.
Judgment:

1. It is shown that the 28th August 1899 was gazetted as a general public holiday. Such being the case, it is clear that that day should have been looked on as a dies non for purposes of limitation and excluded from the 30 days allowed. The fact that the Sub-Collector chose to attend office on that day cannot affect the question.

2. We set aside the decree of both the lower Courts and direct the Divisional Officer of Kumbakonam to retake the suits on his file and dispose of them according to law. Costs in this and the lower appellate Court will be costs in the cause. The Court-fees paid in this Court and in the lower appellate Court will be refunded.


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