LALA BALMUKUND DEAD Vs. LAJWANTI

JUDGEMENT

(1.) This appeal by special leave directed against a judgment of the Allahabad High Court raises a question in regard to the interpretation of Section 12 (2) of the Limitation Act 1908. It arises out of these circumstances:

(2.) The plaintiffs did not pay the court-fee within the time originally fixed in the judgment. They asked for extension of time which was granted without notice to the other side. The plaintiffs then deposited the necessary court-fee within this extended time, on 18-1-1957. About 12 days thereafter, on 30-1-1957, the final decree was drawn up and signed.

(3.) The appellant (Defendant No. I made an application for obtaining a copy of the judgment on 14-11-1956. The copy was prepared and delivered to the appellant on 16-11-1956. On 26-11-1956 i.e. about two months before the decree was actually drawn up and signed, the appellant made an application for a copy of the decree. The copy was prepared and delivered to Counsel for the appellant on 1-2-1957. Information about the supply of this copy was received by the appellant at Delhi on 3-2-1957.