- (1.)In this appeal, a preliminary objection has been taken, namely, that the appeal is time-barred. The judgment in the first appeal was pronounced on 29th March 1946, and the appeal wa3 preferred in the Calcutta High Court on 3rd Aug. 1946. The decree was signed on 29th April 1946. The application for copies of the judgment and decree was made on 25th April 1946, and the copies were delivered to the appellant on 16th May 1946. On the establishment of the Assam High Court in April 1948 this appeal was transferred to this Court.
(2.)Under Art. 156, Limitation Act, the appeal should have been preferred within 90 days of 29th March 1946, a period which expired on 28th June 1946. If the time taken from the date of the application for copies of the judgment and decree, namely, 25th April 1946, to the delivery of the copies on 16th May 1946; is added to 28th June 1946, in accordance with. 8. 12, Limitation Act, the appeal should have been filed on 17th July; the appeal having been filed on 3rd Aug. 1946, it was prima facie time-barred.
(3.)Mr. Medhi for the appellant has contended that the appellant is entitled not only to the period, at any rate 10 days of it, which elapsed between the date of the application for copies and their delivery, but also to the period from 29th March 1946 to 29fch April 1946, during which time the decree was not signed by the first appellate Court; 90 days from 29th April 1946, would expire on 29th July 1946, and if the 10 days which he claims from 25th April 1946 to 16th May 1946, are added to the 90 days, the appeal would have been within time even if it had been filed on 8th Aug. 1946; it was in fact filed on 3rd Aug. 1946.