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1938 (1) TMI 27

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..... accepted and that the decree should be executed as if default had taken place in the deposit of the amount. The decree passed against the appellant directed that the defendant should deposit ₹ 200 in Court within fifteen days from that day, i.e. January 23, 1936, that the plaintiff should pass a sale-deed of the suit property to the defendant and then recover the amount deposited in Court, .....

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..... med that decision on the ground that Section 12 of the Indian Limitation Act and Section 9 of the General Clauses Act, which were invoked on behalf of the appellant, did not apply as this was not a case of a provision in a statute or related to the limitation of suits, and he was of opinion that the first day of the order, viz. January 23, should be included within the period of fifteen days, and .....

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..... any Act of the Governor General in Council or Regulation it shall be sufficient for the purpose of excluding the first in a series of days or any other period of time to use the word " from ", and, for the purpose of including the last in a series of days or any other period of time to use the word " to ". Thus the word " from " excludes the first day in a series of d .....

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..... tion that is material. 5. The order of the lower appellate Court is, therefore, reversed, and the darkhast filed by the plaintiff on the basis that the amount has not been paid in time is dismissed. The appellant is at liberty to file a darkhast for requiring the plaintiff to pass a sale-deed on the basis that the deposit was made in time. The appeal is allowed with costs in this Court and in the .....

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