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Haji Hassum Oomer v. Nur Mahomed

Haji Hassum Oomer v. Nur Mahomed

(High Court Of Judicature At Bombay)

Appeal No. 1297 of 1903 and Suit No. (sic) of 1902 | 11-08-1904

1. Section 12 of the Limitation Act XV of 1877 provides that "where a decree is appealed against or sought to be reviewed, the time requisite for obtaining a copy of the Judgment on which it is founded shall also be excluded"; and it is not within the power of the Court to nullify, the effect of that section.

2. I am therefore of an opinion that on the facts of this case the appeal is within time.

Advocate List
For Petitioner
  • Strangman
For Respondent
  • Lowndes
Bench
  • HON'BLE JUSTICE JENKINS
  • HON'BLE JUSTICEBATCHELOR
Eq Citations
  • ILR 1904 28 BOM 643
  • LQ/BomHC/1904/34
Head Note

Limitation Act, 1877 — S. 12 — Time for obtaining copy of judgment — Excluded from computation of period of limitation — Held, it is not within power of Court to nullify effect of S. 12