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1923 Supreme(All) 301

LINDSAY, PIGOTT, SULAIMAN
M. Muhammad Jan – Appellant
Versus
Shiam Lal – Respondent


JUDGMENT

1. The facts out of which the two appeals before us arise are stated in the referring order of the 22nd June 1923. In substance they amount to this: by an appellate decree, the plaintiff in two pre-emption cases was given one month from the 27th of September 1921 within which to deposit certain money, if he desired to obtain the benefit of the decrees in his favour. The Civil Courts closed for the vacation in that year on the 30th of September and re-opened on the 4th of November. On that date the successful plaintiff made the deposit required by the decree. The Courts below have held that it was too late, more than thirty days having elapsed since the 27th of September 1921. There was authority of this Court for the view thus adopted. This is to be found in the case of Hirday Narain v. Alam Singh 48 Ind. Cas. 353 : 41 A.A. 471 : 16 A.L.J. 892. The attention of the Courts below was not drawn to the fact that since the decision above referred to a Bench of this Court, in the case of Reoti Ram v. Sita Ram 60 Ind. Cas. 894 : 19 A.L.J. 49, had arrived at a different conclusion. The matter has been referred to a Full Bench in order that these conflicting decisions may be re-cons

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