AIR 1932 PRIVY COUNCIL 165

Privy Council

(FROM CALCUTTA)

Hon'ble Judge(s): Lord Blanesburgh, Lord Tomlin, Lord Russell Of Killowen, Sir George Lowndes, Sir Dinshah Mulla , JJJ

(A) Words and Phrases-'Appeal' is any application by party to appellate Court to set aside or revise decision of subordinate Court- Civil P.C. (5 of 1908) , S.96— There is no definition of appeal in the Civil P.C., but there is no doubt that any application by a party to an appellate Court, asking it to set aside or revise a decision of a Subordinate Court, is an appeal within the ordinary acceptation of the term, and that it is no less an appeal because it is irregular or incompetent,(Para 167) (B) Limitation Act-Provisions must be strictly and grammatically construed-Interpretation of Statutes. The fixation of periods of limitation must always be to some extent arbitrary, and may frequently result in hardship. But in construing such provisions equitable considerations are out of place, and the strict grammatical meaning of the words is the only safe guide.(Para 167) (C)** Limitation Act (9 of 1908) , Art.182(2)— So long as there is any question sub-judice in appeal preferred by any party execution period is suspended. There is no warrant for reading into the words 'where there has been an appeal' any qualification either as ....