Skip to content


Md. Ismail Chowdhuri Vs. Kali Charan Singh and ors. - Court Judgment

LegalCrystal Citation
Subject Civil
CourtKolkata
Decided On
Reported inAIR1931Cal731
AppellantMd. Ismail Chowdhuri
RespondentKali Charan Singh and ors.
Excerpt:
- .....according to the rules contained in general letter no. 16, dated 2nd september 1918. if that sunday be excluded from computation, the appellant is within time and if ho is not entitled to exclude that day, ho is out of time by one day. it appears to us that under clause (2) (ii) of the rule in general letter no. 16 any holiday or holidays immediately following the day or period mentioned in clause (i) should be excluded. under clause 1 the period from 5th september, when the application for copy was made to the data when the notices for requisite stamps and folios were given, namely 6th september 1930, should be excluded and also the day following that period if such day happens to be a holiday. under the rule as it stands we are of opinion that 7th sep-ember 1930. which was a.....
Judgment:

1. In this matter if; appears that the application for the copy of the decree was filed on 6th September 1930 and the requisition for stamp and folios was notified on 6th September 1.930. The 7th September was a Sunday and the requisite stamps and folios were supplied on 10th September 1930. This memorandum of appeal was presented in the office on 2nd December 1930. The question is whether 7th September 1930, which was Sunday, should be excluded from computing the period according to the rules contained in General Letter No. 16, dated 2nd September 1918. If that Sunday be excluded from computation, the appellant is within time and if ho is not entitled to exclude that day, ho is out of time by one day. It appears to us that under Clause (2) (ii) of the rule in General Letter No. 16 any holiday or holidays immediately following the day or period mentioned in Clause (i) should be excluded. Under Clause 1 the period from 5th September, when the application for copy was made to the data when the notices for requisite stamps and folios were given, namely 6th September 1930, should be excluded and also the day following that period if such day happens to be a holiday. Under the rule as it stands we are of opinion that 7th Sep-ember 1930. which was a Sunday, should be excluded in computing the period. We do not therefore agree with the Stamp Reporter that the time occupied in filing he folios can only be deducted if the entire period falls within holidays.

2. Let the appeal be registered as filed within time.


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