AIR 1957 RAJASTHAN 339 ::1957 RajLW 368 ::ILR (1957) 7 Raj 923

Rajasthan High Court

Hon'ble Judge(s): Dave , J

Rajasthan General Rules (Criminal) (1952) , R.144— High Court Rules and Orders - Copy not delivered on fixed date - Further date not given - No notice on Board - Exclusion of time upto date of receiving copy. High Court Rules. General Rules (Civil) (1952) , R.234— Limitation Act (9 of 1908) , S.2— An applicant for copy was given 21-6-1956 as the date for supplying the copy. The copy was not ready on that day and so it was not given to him. The copy was ready on 3-7-1956 but the applicant took its delivery on 7-7-1956. It was contended that the period between 3-7-1956 and 7-7-1956 could not be excluded because the applicant ought to have been present in the Court on 3-7-1956 and obtained the copy. Held that R. 144 which corresponded to R. 234 of the General Rules (Civil), 1952, applied in the case. 2. As no further date was fixed for the supply of copy on 21-6-57, and as the applicant had not deposited necessary postal charges, a notice should have been affixed under R. 144(3) on the notice board of the Court. If such a notice wire affixed on the notice board of the Court, then the applicant would not have been entitled to exclusion of time between 3-7-1956 and 7-7-1956, but since no such notice was affixed, he was certainly entitled to thei exclusion of this period.(Para 5) Anno: AIR....