High CourtsSingle Bench

Subramania Aiyar vs Poopparam Lala

Madras High Court · Decided on 1 October 1914 · Citation: 29 Ind. Cas. 860(1)

HON’BLE JUDGES
Napier, J
ACTS & SECTIONS REFERRED
Limitation Act, 1963 — Section 12(4)
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Judgment

6 paragraphs · 118 words

Napier, J.—The Court gave judgment in a suit in accordance with an award filed. The plaintiff had put in an application to set it aside, which

was on the face of it out of time. The Court''s attention was not drawn to any application for copy which would have constituted time requisite

within the meaning of Section 12 (4) of the Limitation Act. He, therefore, computed the time as appeared on the record. It is urged that there was

such an application and the time should have been excluded. That is the plaintiff''s own fault and the Munsifs decision cannot be interfered with u/s

115 of the code of Civil Procedure.

2.

The petition is dismissed with costs.