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Chennama Shettit and ors. Vs. Krishnayya Setti and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in30Ind.Cas.832
AppellantChennama Shettit and ors.
RespondentKrishnayya Setti and ors.
Excerpt:
civil procedure code (act v of 1908), order xli, rule 22 - memorandum of objections--time of one mouth, how to be calculated--principle. - 1. the memorandum of objections was presented on the 16th march, the plaintiffs having been served with notice on the 13th february. the principle applicable to the calculation of the time, one month allowed by order xli, rule 22, is that it shall be taken to extend up to and including the day before the corresponding date of the next month and we have not been shown authority for any special rule as regards february--march. although, therefore, the 15th march was sunday, the memorandum was presented out of time and must be dismissed with costs.
Judgment:
1. The memorandum of objections was presented on the 16th March, the plaintiffs having been served with notice on the 13th February. The principle applicable to the calculation of the time, one month allowed by Order XLI, Rule 22, is that it shall be taken to extend up to and including the day before the corresponding date of the next month and we have not been shown authority for any special rule as regards February--March. Although, therefore, the 15th March was Sunday, the memorandum was presented out of time and must be dismissed with costs.


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