NEELAVVA KOM YALLAPPA ROTTI Vs. BHEEMAPPA MALLAPPA ROTTI

JUDGEMENT

(1.) ,

(2.) OFFICE has raised objection that there is delay of 5 days in filing this appeal. The judgment from which the present appeal is preferred was delivered on 28-10-1987, decree was signed on 6-11- 1987, copy was applied for on 10-11- 1987, it was delivered on 23-11-1987 and the appeal came to be filed on 15-2- 1988. The office has thus excluded these 5 days in computing the limitation. In the reply that the Appellant's Counsel filed to this objection, the appellants Counsel stated that these 5 days require to be included while computing the limitation. Section 12 of the Limitation Act has an Explanation introduced after there was some controversy, whether such time taken between delivery of judgment and signing of the decree will also be included while computing the limitation. The Explanation says :-