KRISHNAPPA RAMSA WALVEKAR Vs. RAMACHANDRASA RAMASA WALVEKAR

JUDGEMENT

(1.) This second appeal has been referred to a Bench by Venkataswami, J., because he was not inclined to agree with the view taken by another single Judge Datar, J., in the case ot Krishnaji v. Mittikoppa (1972) 1 Mys.L.J. 674., so far as the correct eftect of the Explanation to S.12 of the Limitation Act, 1963, is concerned.

(2.) The judgment in OS. No.418 of 1961 on the file of the II Jt. Civil Judge, JD., Belgaum, was pronounced against appellant on the 17th of January 1964 and the decree was drawn up and actually signed on the 14th of February 1964. By then, the appellant had already applied for certified copies of the judgement and decree on the 5th of February 1964. Without any further loss of time on the part oi the appellant, the copies were taken delivery of by him on the 16th of March 1964. He filed his appeal against the same before the District Court at Belgaum on the 9th of April 1964. The appeal has been dismissed as barred by limitation on the ground that it was presented twelve days after the expiry of the period "of limitation prescribed for appeals even after excluding the time requisite for obtaining certified copies of the judgment and decree as provided by S.12 of the Limitation Act.

(3.) The appellant had filed an application under S.5 of the Limitation Act for condonation of delay, if any in presenting the appeal on the ground that there was some doubt or confusion as to the exact effect of the Explanation to Sec. 12 of the Limitation Act and also on the ground that he was prevented from presenting the appeal in time by reason of serious illness of his wile. The lower appellate Court having taken the view on the question of law that the Explanation to S.12 of the Limitatation Act is of no assistance to the appellant, did not go into the averments of fact made in support of the prayer for condonation of delay.