Law:

Section:

(a) Limitation Act (IX of 1908)-------S. 4---General Clauses Act (X of 1897), S. 10---Civil Procedure Code (V of 1908), S. 96---Time for filing appeal expiring on day when Court was closed--­, Filing of appeal on next day when Court re-opened ---Effect---Limitation--­Where period of limitation prescribed for any suit, appeal or application had expired on day when Court was closed, suit, appeal or application could be instituted, preferred or made on the day when Court re-opens in terms of S. 4, Limitation Act, 1908---Provision of S. 10, General Clauses Act, 1897 postulates that when any act or proceeding was directed or allowed to be done or taken in any Court or office on certain date and within prescribed period, then, if such court or office was closed on that day or on the last day of prescribed period, such act or proceeding would be considered as having been done or taken in due-time if it was done or taken on the neat day afterwards, on which Court or office concerned was open---Combined effect of S. 4, Limitation Act, 1908 and S. 10, General Clauses Act, 1897, would enable any person to do what he could have done on holiday, on the next working day--­Appeal in question, having been filed on the next day when Court was open was, thus, within time and same could not have been rejected on point of limitation. (b) Limitation Act (IX of 1908)--- ----S. 4---General Clauses Act (X of 1897), S. 10---Principles enunciated by S.4, Limitation Act, 1908 and S. 10, General Clauses Act, 1897---Comparison--­Point of distinction---Principle of S. 4, Limitation Act, 1908 was analogous to S.10, General Clauses Act, 1897, which is more general in character than the former (S. 4, Limitation Act) by using the words `act' and "proceedings" instead of `suit', `appeal' or `application' and also the word `office' in addition to `Court': --[Interpretation of statute]. (c) Act of Court--- ---- One should not be prejudiced by the act of Court or by the act of office which was beyond the control of a person. (d) Civil Procedure Code (V of 1908)--- ----Ss. 96 & 115---Limitation Act (IX of 1908), S. 4---General Clauses Act (X of 1897), S. 10---Limitation for filing appeal expired…

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