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Subramania Aiyar Vs. Poopparam Lala - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in29Ind.Cas.860a
AppellantSubramania Aiyar
RespondentPoopparam Lala
Excerpt:
limitation act. (ix of 1908), section 12(4) - suit to set aside award--application, for copy--time requisite for obtaining it, whether deducted. - napier, j.1. the court gave judgment in a suit in accordance with an award filed. the plaintiff had put in an application to set it aside, which was on the face of it out of time. the court's attention was not drawn to any application for copy which would have constituted time requisite' within the meaning of section 12 (4) of the limitation act. he, therefore, computed the time as appeared on the record. it is urged that there was such an application and the time should have been excluded. that is the plaintiff's own fault and the munsifs decision cannot be interfered with under section 115 of the code of civil procedure.2. the petition is dismissed with costs.
Judgment:

Napier, J.

1. The Court gave judgment in a suit in accordance with an award filed. The plaintiff had put in an application to set it aside, which was on the face of it out of time. The Court's attention was not drawn to any application for copy which would have constituted time requisite' within the meaning of Section 12 (4) of the Limitation Act. He, therefore, computed the time as appeared on the record. It is urged that there was such an application and the time should have been excluded. That is the plaintiff's own fault and the Munsifs decision cannot be interfered with under Section 115 of the code of Civil Procedure.

2. The petition is dismissed with costs.


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