Patcha Saheb Vs. Sub-collector of North Arcot

Patcha Saheb vs Sub-collector of North Arcot

Type Court Judgment Court Chennai Decided Aug 24, 1891

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Citation: sooperkanoon.com/784963
Court: Chennai
Judge: Arthur J.H. Collins, Kt., C.J. and ;Parker, J.
Decided On: Aug 24, 1891
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

Limitation Act - Act XV of 1877, Section 4--Unstamped memorandum of appeal--Stamp affixed after expiry of time of limitation. -

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Patcha Saheb

Respondent

Sub-collector of North Arcot

Legal References

Cases Referred: Skinner v. Orde L.R.
Reported In: (1892)ILR15Mad78

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.

Full 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.

Same Parties Patcha Saheb vs Sub-collector of North Arcot Same Subject Civil Same Judge Arthur J.H. Collins, Kt., C.J. and ;Parker, J.

Civil