Bhupendra Kumar Rathi, J. - (1.) THE office has reported that the present appeal is barred by 167 days. The appellant has filed objections against this report and contended that the report of the office be rejected and the appeal be deemed in time. I have heard Sri Ajeet Kumar, learned counsel for the appellant and Sri V.K. Burman, learned counsel for the respondents and have gone through the entire record. The material facts are as follows:
(2.) THE first appeal was decided on 7.2.2000 and the present second appeal has been preferred against the decree, dated 7.2.2000 and this appeal was filed on 14.2.2000 i.e. only after seven days after the decree. At the time of filing of the appeal the learned counsel for the appellant also moved an application mentioning therein that the decree has yet not been prepared. The request was made to dispense with the filing of the decree or in alternative that the appellant be permitted to file copy to decree during the pendency of the appeal. It is contended by Sri Ajeet Kumar, learned counsel for the appellant that he has also applied for the copy of the decree alongwith the copy of the judgment, but the copy of the decree was not available as it was not prepared, therefore, he has moved the application and filed the appeal without the copy of the decree. It is contended that the record was summoned by this Court and therefore the appellant could not get the copy of the decree from the first appellate court. The appellant, therefore, applied for the copy of the decree in the High Court and received its copy and filed it thereafter. The office on basis of the date of the filing of the decree has reported that the appeal is barred by time of 167 days. The appeal is filed against the decree and not against the judgment, as provided under Section 96 as well as by Section 100 C.P.C. The Indian Limitation Act prescribes a limitation of 30 days from the date of the decree for filing an appeal. Order 20 Rule 7 C.P.C. is material and reads as follows: 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. Therefore, according to this Rule the date of the decree is the same as the date of the judgment even though it is prepared afterwards. Indian Limitation Act provides a period of limitation of 30 days for filing the appeal from the date of decree. The date of decree in the present case, therefore, is 7.2.2000, on which the judgment was pronounced. The appeal was filed on 14.2.2000, that is only after seven days. Therefore there is no question of the appeal being barred by time. The report of the office is incorrect and is liable to be rejected.
(3.) HOWEVER , on the basis of the arguments the question for consideration is whether the appeal was defective on the date it was filed as copy of decree was not filed and is liable to be rejected on this ground.;