Skip to content


Narayanaswamy Tevan and ors. Vs. Krishnasami Pillai (Died) and anr. and Subbaya Tevan and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in25Ind.Cas.67
AppellantNarayanaswamy Tevan and ors.
RespondentKrishnasami Pillai (Died) and anr. and Subbaya Tevan and ors.
Excerpt:
civil procedure code (act v of 1908), order xx, rule 7 - limitation act (ix of 1908), section 12(2), schedule i, article 152--date of decree same as date of judgment. - .....order xx, rule 7, of the code of civil procedure, 1908, read with article 152 to schedule i of the indian limitation, act, 1908, is conclusive on this point.2. on the other hand we think appellants are entitled under section 12 (2) of the indian limitation act to claim that the period between 18th april 1911 and 20th june 1911 should be excluded as time requisite for obtaining copy of decrees. they were allowed time by the court up to 20th june 1911 for paying the extra court-fee and were entitled to fully avail themselves of it. until they did pay, it was impossible for any action to be taken towards preparing the decrees. in fact they applied for copies of judgments and decrees on 21st april 1911; but their applications were rejected on the ground that the decrees had not been drawn.....
Judgment:

1. We agree with the District Judge that the date of the decrees for the purpose of calculating appeal time must be taken to be 18th April 1911, when the judgments were pronounced. Order XX, Rule 7, of the Code of Civil Procedure, 1908, read with Article 152 to Schedule I of the Indian Limitation, Act, 1908, is conclusive on this point.

2. On the other hand we think appellants are entitled under Section 12 (2) of the Indian Limitation Act to claim that the period between 18th April 1911 and 20th June 1911 should be excluded as time requisite for obtaining copy of decrees. They were allowed time by the Court up to 20th June 1911 for paying the extra Court-fee and were entitled to fully avail themselves of it. Until they did pay, it was impossible for any action to be taken towards preparing the decrees. In fact they applied for copies of judgments and decrees on 21st April 1911; but their applications were rejected on the ground that the decrees had not been drawn up.

3. The appeals were, in our opinion, presented in time. They should be admitted and disposed of according to law.

4. Costs will be costs in the cause.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //