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1919 (8) TMI 1

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.... appeal is sought to the Privy Council, involves a claim of Rs. 10,000 and that the appeal involves some substantial question of law. 2. A point was taken on behalf of the plaintiff that the decree of the High Court was not one "passed on appeal" within the meaning of Clause (a) of Section 109 of the Civil Procedure Code. 3. The order of Mr. Justice Greaves, against which the appeal was dire....

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.... Limitation Act to admit the appeal after the prescribed time and the appeal was dismissed with costs. 7. Having regard to the above-mentioned facts, I think we cannot hold that the order was pot one "passed on appeal." 8. I do not think that, having regard to the facts of this case, it is covered by the case Karsondas v. Gangabai 32 B. 108 : 9 Bom. L.R. 566, which was sited by the learned C....

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....ed to appeal against the order it was his duty to get the order drawn up in accordance with the rule. 11. On the other hand, the point raised on behalf of the defendant was that a period between the 7th August 1918 and the 3rd September 1918, should be excluded from the period of limitation as time requisite for obtaining a copy of the order. 12. Even if there is a question of law involved, ....