SHYMALA Vs. VASUDEVAN

JUDGEMENT

(1.) This appeal by the legal representative of the first defendant in a suit for partition is directed against the final decree. The final judgment was rendered by the Subordinate Judge's Court of Thalassery on 16-7-1993. The final judgment directed the deposit of the value of the non judicial stamps within 15 days, to engross the final decree. The judgment did not specify as to who should produce the non judicial stamp paper or place any obligation on the plaintiffs to do so in the first instance.

(2.) No one produced the non judicial stamp papers within the time specified by the court. On 1-2-1994, the plaintiff filed I.A.649 of 1994 praying for condoning the delay in producing the non judicial stamp papers. By order dt.28-2-1994 the court below allowed that application. The non judicial stamp papers were received in court on 18-4-1994 and the final decree for partition was drafted on 18-6-1994.

(3.) The appellant herein, who was respondent No. 11 in the final decree proceedings, made an application for certified copy of the judgment and decree on 22-3-1994. The copying sheets were called for, on 19-8-1994. They were produced on 25-8-1994. Copies were ready on 25-10-1994 and 1-11-1994 was notified as the date for appearance to receive the copies. Copies were delivered over to the appellant on 29-10-1994 and this appeal was filed in this court on 4-1-1995. The office noted that the appeal was barred by lime on the basis that the time started to run against the appellant from 16-7-1993, the date of the final judgment. The appellant took the stand that since the decree was drafted only on 18-6-1994, time starts to run only from that date in the light of the decision in Sukumaran Thankal v. Janaki Amma ( 1977 KLT 200 ). Reliance was placed on R.238 of the Civil Rules of Practice. It is not disputed by the appellant that if the time for appeal had started to run from 16-7-1993, the appeal is out of time. But as noted, the case of the appellant is that the time starts to run only from 18-6-1994 when the final decree was in fact drafted.