Computing period of limitation

On application of plaintiff, the judgment was recalled by Single Judge of High Court on the ground that court was not assisted on behalf of plaintiff when judgment was passed as notification was not brought to the notice of the court, though the suit was filed on the first opening day of the court ail: plaintiff was entitled for the benefit of S.4 of the Limitation Act, 1908

Validity

If period of limitation was expiring on the day when the court was closed, the suit could be instituted, preferred or made on the day when the court reopened

Order passed by single Judge of High Court was correct in law and was unexceptionable and did not require any interference by Division Bench of High Court

Defendant failed to bring on record any illegality in the order passed by single Judge which could compel Division Bench of High Court to exercise any discretionary relief in favour of defendant

Intra court Appeal was dismissed, in circumstances.

If certified copy is prepared after proposed date given to applicant, Copying Agency under S.12(2) of Limitation Act, 1908, is bound by law to issue notice to the party for collection of certified copy.