HARISH CHANDRA TEWARI Vs. CHANDPUR COMPANY LD

JUDGEMENT

(1.) The value of the property in the suit in respect of which this application is made for leave to appeal to His Majesty in Council is Rs. 21,206-10. The decisions of the two Courts are however concurrent, and it will therefore be necessary for the applicant to satisfy us that his appeal raises a substantial question of law.

(2.) The question, however, which we have to determine first is whether the application has been made within the time limited by the law, or whether it is barred by limitation.

(3.) The judgment of this Court, against which the applicant seeks to appeal, was delivered on the 7th July 1911, and the application was made on the 30th January 1912, that is to say after an interval of six months and 23 days. The period fixed by Article 179, Schedule I of the Limitation Act (IX of 1908), within which such an application should be made, is six months from the date of the decree appealed against, and, unless the applicant is able to make out a case, to avoid the bar of limitation, his application must necessarily be dismissed.