JUDGEMENT
S.H.SHETH -
(1.)This Civil Revision Application raises a short but interesting question as to the computation of period or limitation and exclusion of time requisite for obtaining certified copies Within the meaning of sec. 12 of the Limitation Act 1963
(2.)A few facts leading to the present Civil Revision Application are as follows:- -
The plaintiff filed in the Court of the Civil Judge (Junior Division) at Morvi Regular Civil Suit No. 56 of 1963 for dissolution of partnership and accounts. In that suit the Trial Court passed the decree but directed that the decree shall be drawn up only after the necessary amount of Court-fees was paid thereon by the plaintiff in respect of the claim decreed in his favour and by the defendants in respect of that portion of the decree which was passed in their favour. The Trial Court pronounced its judgment on 30th July 1968. The decree could not be drawn up because time was granted for payment of Court-fees. Ultimately the necessary amount of Court-fees was paid on 17th September 1968 which the Trial Court accepted and the decree was drawn up on 18th September 1968 On the very day on which the decree was drawn up the defendants made an application for certified copies of the judgment and decree The certified copies were ready on 2nd November 1968 after which the defendants took delivery of the said copies. They filed the appeal before the District Court on 22nd November 1968. An objection was raised before the District Court that the appeal was beyond time. Appeal to the District Court is governed by Article 116(b) of the Limitation Act 1963 It prescribes a period of 30 days from the date of the decree or order within which the appeal should be filed. If the period of limitation is computed from the date of judgment which is ordinarily the date of decree under Order 20 Rule 7 of the Code of Civil Procedure then the appeal filed before the District Court on 22nd November 1968 was barred by time even after the exclusion of time taken by the Trial Court for furnishing the certified copies that is to say from 18th September 1968 to 2nd November 1968. however the period of limitation is computed from 18th September 1968 on which date the decree was drawn up and before which it could not be drawn up on account of non-payment of necessary Court-fees then upon the exclusion of time taken by the Trial Court for furnishing the certified copies from 18th September 1968 to 2nd November 1968 the appeal was within time.
(3.)Before the District Court an objection was raised that the appeal was beyond time. Out of abundant caution. therefore the defendants who were the appellants in the District Court made an application wherein they contended that the appeal was within time. They also contended in the alternative that if the District Court found that the appeal was beyond time delay in filing the appeal might be condoned. The learned District Judge who heard that application recorded the finding that within the meaning of sec. 12 of the Limitation Act 1963 the appeal was beyond time. He also recorded the finding that there was no sufficient cause for condoning the delay. In that view of the matter he dismissed the application which the defendants who were the appellants had made.
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