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Patcha Saheb Vs. Sub-collector of North Arcot - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1892)ILR15Mad78
AppellantPatcha Saheb
RespondentSub-collector of North Arcot
Cases ReferredSkinner v. Orde L.R.
Excerpt:
limitation act - act xv of 1877, section 4--unstamped memorandum of appeal--stamp affixed after expiry of time of limitation. - 1. the petition of appeal was presented on 11th june in the recess, and the stamp was received and affixed on the 25th. the court opened on 27th june.2. following the principle laid down in skinner v. orde l.r. 6 indap 126 we must hold that the petition must be regarded as an appeal from the date on which it was presented and not from the date on which the stamp was received. the decree of the district court must be reversed and the appeal remanded. the appellant is entitled to the costs of this appeal, and the cost in the lower appellate court will abide and follow the result.
Judgment:

1. The petition of appeal was presented on 11th June in the recess, and the stamp was received and affixed on the 25th. The Court opened on 27th June.

2. Following the principle laid down in Skinner v. Orde L.R. 6 IndAp 126 we must hold that the petition must be regarded as an appeal from the date on which it was presented and not from the date on which the stamp was received. The decree of the District Court must be reversed and the appeal remanded. The appellant is entitled to the costs of this appeal, and the cost in the lower Appellate Court will abide and follow the result.


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