V SIVALINGAM Vs. DAKSHINAMURTHY

JUDGEMENT

(1.) The question for decision is whether the appeal is filed in time. The judgment of the Trial Court was pronounced on 21-12-1991. The application for copy was made on 24-12-1991. The copying sheets were called for on 27-1-1992. They were produced on 30-1-1992. The certified copy was ready on 31-3-1992. The date fixed to appear for receipt of copy was 31-3-1992 and it was delivered to the appellant on 31-3-1992 itself. The appeal was filed in this court on 27-6-1992. If we go by the above entries, the appeal was filed on the 92nd day and hence there is a delay in filing this appeal. But, it is contended on behalf of the appellant that he is entitled to the exclusion of 3 clear days from 27-1-1992 in view of R.242 of the Kerala Civil Rules of Practice. In other words, he contends that though the copying sheets were called for on 27-l-1992 and he produced them only on 30-1-1992, he does not lose the 2 days in between since he had 3 days time to produce the copying sheets as per R.242 of the Kerala Civil Rules of Practice and if the said period of 3 days is excluded, his appeal is filed in time.

(2.) The exclusion of time requisite for obtaining a copy of the decree is provided for by S.12(2) of the Limitation Act. S.12(2) of the Limitation Act reads:

(3.) As observed by the Privy Council in Pramath Nath Roy v. Lee ( 49 Indian Appeals 307 ) "No period can be regarded as requisite under the Act, which need not have elapsed if the appellant had taken reasonable and proper steps to obtain a copy of the decree or order". The question whether the 3 days made available to an applicant to produce the copying sheets without his application for copy being struck out for non production of sheet., is liable to be excluded is really concluded by a Division Bench decision of this court reported in Kurian Antony v. Chacko Eappen ( ILR 1961 (1) Ker. 659 ). Speaking for the Division Bench, His Lordship Mr. Justice Madhavan Nair after considering the submission based on R.234 of the Civil Rules of Practice, then governing held: