AIR 1920 PATNA 818 ::(1921) 60 Ind Cas 493

Patna High Court

Hon'ble Judge(s): Jwala Prasad , J

(A) Limitation Act (9 of 1908) , S.12— Limitation expiring during vacation-Application for copy made on opening day - Time for copy must be excluded. Where the limitation for. filing an appeal expires during the vacation of the Court, the appellant is entitled to make an application for copies on the day on which the Court re-opens after the vacation, and is entitled to add to the period of limitation the time spent in obtaining the copies. (B) Civil P.C. (5 of 1908) , S.149— Extension of time for payment of defecit court-fee should be allowed if order for deposit was passed after considering reasons for not filing entire court-fee. In order to enable a party to take advantage of the provisions of S. 149, permission to deposit the deficit court-fee must be given by the Court after considering the circumstances of the case and the reason for not filing the entire court-fee in the first instance. (C) Civil P.C. (5 of 1908) , O.41 R.3, O.41 R.11— Appeal in proper form cannot be rejected under R. 3-Rejection on ground of limitation is under R. 11-Order of such rejection is appealable. If a memorandum of appeal is drawn up in proper form it cannot be rejected und....