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1953 Supreme(Ker) 61

VITHAYATHIL
Kesavan – Appellant
Versus
Philip – Respondent


Judgment :-

1. Plaintiff -1st respondent in the court below is the revision petitioner. The suit which is one for redemption of a mortgage was decreed on 8-2-1951. On the application of the 1st defendant for copies of the judgment and decree for the purpose of filing an appeal from the decree the copy of the decree was given to him on 14-3-1951 and the printed copy of the judgment was given on 20-6-1951. He had applied for an urgent copy of the judgment on 17-2-1951, and he got the same on 19-3-1951. He filed the appeal on 26-6-1951, producing the printed copy of the judgment obtained on 20-6-1951 and the copy of the decree. If the period of limitation for filing the appeal is calculated on the basis of the copy of the judgment produced along with the appeal the appeal would be within time. But if time is calculated on the basis of the copy of the judgment obtained by the first defendant on 19-3-1951 the appeal would be out of time. Plaintiff-first respondent contended in the court below that the period of limitation should be calculated on the basis of the copy of the judgment obtained by the first defendant on 19-3-1951 and that, therefore, the appeal was barred by limitation. He















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