KECHANDA PONNAPPA Vs. CHOTTORA THAMMAIAH

JUDGEMENT

(1.) The respondent-plaintiff filed the suit out of which the present Second Appeal arises for recovery of Rs. 3,490/- on the basis of an agreement. The suit was decreed by the trial Court. The defendants-appellants appealed. The application filed by the appellants in the lower appellate Court for condonation of delay was dismissed. The lower appellate Court accordingly dismissed the appeal as barred by time.

(2.) It is urged by Sri Rama Bhat on behalf of the appellants that there is no delay in filing the appeal and that the appellants are entitled to deduct the time between the date of the judgment and the date on which the copy application was filed.

(3.) The judgment of the trial Court is dated 27-6-1969. Copy application was filed on 7-7-1969. The decree was signed on 11-7-1969 though the decree bears the date 27-6-1969 i.e. the date of the judgment. The applicant was told to appear to receive the copies on 21-7-1969. But he actually appeared on 31-7-1969 on which date the copies were delivered to him. The appeal was filed on 20th August, 1969. If the time taken for obtaining the copies is computed from the date the copy application was filed there will be a delay of 10 days in filing the appeal. But if the time between the date of the judgment and the date of the copy application is also deducted, the appeal will be in time. The question therefore, is whether the time between the date when the judgment was pronounced and the date when the copy application was filed, is also to be treated as time requisite for obtaining the copy of the decree.