AIR 1942 MADRAS 604

Madras High Court

Hon'ble Judge(s): King , J

(A) Limitation Act (9 of 1908) , S.4, S.12— Construction - S.12 assumes that time requisite for obtaining copy of decree must begin before prescribed period is over - S.4 presupposes that prescribed period has expired and cannot extend period prescribed under Act - Application for copy of decree made u/S.4 on date on which Court reopened - Extension granted by S.4 cannot be combined with extension sought u/S.12. Section 12 assumes that the time requisite for obtaining the copy of decree must begin before the prescribed period is over. Under S. 4 the right to present a suit or appeal or application on the day upon which a Court reopens is a special right which cannot extend the period of limitation prescribed in the Act as S. 4 presupposes that that period has already expired. Therefore under S. 4 the only privilege which is granted to the suitor or appellant is that he may file his suit or appeal on a date after the expiry of the prescribed period if that period had expired while the Court was not sitting. If he delays in making his application for a copy until that day, then he is applying for a copy when the period of limitation has already expired and the extension which is granted to him by the application of S. 4 cannot be combined with the extension which he seeks under S. 12 : ('35) 22 AIR 1935 P. C. 85, Rel. on; ('21) 8 AIR 1921 Mad. 6....