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1938 Supreme(Mad) 126

VENKATASUBBA RAO
Adepalli Venkata Gurunadha Ramaseshayya – Appellant
Versus
Vissamsetti Venkatarathnam being minor by mother and guardian Sesharathamma – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. I am surprised that the lower Court has been able to persuade itself that the appeal was out of time. The following statement of facts brings out the point to be decided.

2. In the present case application for copy was made on 26th August, 1932. Copy was ready on 12th October, 1932. The interval between 26th August, 1932, and 12th October, 1932, is 47 days. He is entitled to deduct that. Balance is 31 days. Appeal was therefore filed one day too late. Learned Counsel for appellant contends that both days, the26th August, 1932, when copy applied for and the 12th October when the copy was ready should be excluded, as time requisite for obtaining the copy.

3. Section 12 of the Limitation Act says that in competing the period of limitation prescribed for an appeal, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree appealed therefrom shall be excluded. The simple question is, what is meant by "the time requisite for obtaining a copy of the decree"? Is the day on which the copy was notified to be ready, to be excluded or not. There is a rule promulgated by the High Court to which my attention

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