DEVKISHAN FATEHCHAND Vs. BAI MARIAMBAI WD O HAJI GAFFAR
HIGH COURT OF GUJARAT
BAI MARIAMBAI WD/O,HAJI GAFFAR
Click here to view full judgement.
(1.) This revision application arises out of an order passed by the Assistant Judge Rajkot District Gondal rejecting an application for permission to file an appeal as a pauper. The application was rejected on the ground that the appeal itself is barred by limitation. The application was given in 3-4-62. The date of judgment was 31-1-62. The decree was signed on 26-2-62. The application for certified copy of the decree was given on 2-3-62. The copy was ready for delivery on 28-3-62. The learned Judge held that in cases where an application for copies was given after the decree has been signed the time between the date of judgment and the date on which the decree was signed should not be excluded. The learned Judge relied on Bechi v. Ahsan Ullah Khan I. L. R. 12 Allahabad 460 The learned Judge has also relied on Kanji Devsi v. Velji Haridas A. I. R. 1950 Bombay 350 and Tincowri v. Nanigopal A. I. R. 1960 Cal. 258.
(2.) Under Order 20 Rule 7 Civil Procedure Code The decree shall bear date the day on which the judgment was pronounced and when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment he shall sign the decree.
(3.) Sec. 12(2) of the Limitation Act reads as follows.-
In computing the period of limitation prescribed for an appeal an application for leave to appeal and an application for a review of judgment the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree sentence or order appealed from or sought to be reviewed shall be excluded. ;
Copyright © Regent Computronics Pvt.Ltd.