1961 (3) TMI 150

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...., Advocate-General for State ORDER M. Madhavan 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....

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.... struck off. 4. The contention of Shri Paikaday, the learned advocate for 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 expre....

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.... his default. The time requisite for obtaining copies is the time which an appellant takes to obtain the 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 depo....

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.... to provide that copy in making the copy"-per Edg, A. J. in Parbati v. Bhola (I.L.R. 12 All. 79 at 82). Further, 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 ....