Selamban Chetty vs Ramanadhan Chetty

The decree was passed on the 12th October 1905. The respondent applied for a copy of the decree on the 18th October and obtained it on

the 19th December. He then applied for a copy of the judgment on the 22nd December and obtained it on the 16th February 1906. The appeal

was filed on the 3rd March and the question is whether the appeal to the lower appellate Court was barred under Article 152 of Schedule II of the

Limitation Act of 1877. The Subordinate Judge has held that u/s 12 the respondent is entitled to a deduction of the time between the 18th October

and the 19th December and the further time between the 22nd December and the 16th February and he relies upon the decision in Raman Chetty

v. Kadirvelu 8 M.L.J. 148. This decision no doubt supports the Judge''s conclusion though in that case the later application was made before the

copy of the record first applied for was ready and a portion of the time in obtaining one record formed, a part of the time in obtaining the other.

The learned Judges held that such over-lapping period should not be counted twice over and with that exception both the two periods should be

excluded. It is true, no doubt, that this would enable a party to apply for the copy of one record and then after obtaining that copy to apply for the

copy of the other record and thus extend the time while if he had applied for both the copies at the same time, the time requisite for obtaining the

copies would have been less. But we are unable to say that the learned Judges in Raman Chetty v. Kadirvelu 8 M.L.J. 148 were wrong in holding

that the time requisite for obtaining a copy is the period required to grant the copy after the application is made. It may, no doubt, be fairly argued

that the time requisite for obtaining the copy is not necessarily the period after the date of the application but any other construction will introduce

other complications. We are not, therefore, prepared to differ from Raman Chetty v. Kadirvelu 8 M.L.J. 148 especially as it is a rule of practice

and hold that the appeal was filed in time. There is no other question of Law.

The second appeal is dismissed with costs.