9911796707
TMI Blog1961 (3) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... dhavan Nair, J. 1. The question referred for decision by a Division Bench in this case is whether the period allowed for depositing the printing charges on an application for copy of the judgment should be excluded in the computation for an appeal under Article 156 of the Limitation Act. Under Article 156 of the Limitation Act the period allowed for the institution of an appeal to the High Court i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant is that, since the notice under Rule 234 allows him a week's time to make payment of the printing charges, the appellant is entitled to exclude that time which he has availed of in the payment of printing charges as part of 'the time requisite for obtaining a copy of the judgment' 5. The expression time requisite in Section 12 of the Limitation Act has come up for conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e copies using all diligence possible on his part. The same taken by the appellant in supplying printing charges after the same was notified to him cannot be said to be time 'necessary' on his part consistent with the diligence expected of him in the matter. The applicant ought to deposit the required charges not later than the first day on which the office is open after the day on which t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther, it has been the consistent practice in this Court, as well as in the High Courts of Travancore-Cochin, Travancore, Cochin and Madras, not to exclude from computation the period availed of by the party in supplying the printing charges after due notification. As the law does not take note of fractions of a day, and the day is counted from midnight to midnight, the day on which the notificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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