Karnam Narasimhulu Vs. Secretary of State for India in Council, Represented by the Collector of North Arcot - Court Judgment

SooperKanoon Citationsooperkanoon.com/815529
CourtChennai
Decided OnAug-05-1912
JudgeSadasiva Aiyar and ;Napier, JJ.
Reported in17Ind.Cas.393
AppellantKarnam Narasimhulu
RespondentSecretary of State for India in Council, Represented by the Collector of North Arcot
Cases ReferredSilamban Chetty v. Ramanadhan Chetty
Excerpt:
limitation act (ix of 1908), section 12 - time required for obtaining copy of judgment. - 1. the case in silamban chetty v. ramanadhan chetty 7. m.l.t. 29 : (1910) m.w.n. 141 shows that the appellant is entitled to deduct the time required for obtaining the copy of the judgment of the district munsif in addition to the time required for obtaining the copy of the decree. if such time is deducted, the appeal to the lower appellate court from the district munsif's judgment was not barred.2. the lower appellate court's judgment dismissing the appeal to it as barred by limitation is, therefore, reversed, and the court will hear the appeal and dispose of it according to law.3. the costs here and in the lower appellate court will abide the result.
Judgment:

1. The case in Silamban Chetty v. Ramanadhan Chetty 7. M.L.T. 29 : (1910) M.W.N. 141 shows that the appellant is entitled to deduct the time required for obtaining the copy of the judgment of the District Munsif in addition to the time required for obtaining the copy of the decree. If such time is deducted, the appeal to the lower Appellate Court from the District Munsif's judgment was not barred.

2. The lower Appellate Court's judgment dismissing the appeal to it as barred by limitation is, therefore, reversed, and the Court will hear the appeal and dispose of it according to law.

3. The costs here and in the lower Appellate Court will abide the result.