SUKUMARAN THANKAL Vs. JANAKI AMMA

JUDGEMENT

(1.) The appeal is from the judgment in A. S. No. 115 of 1971 of the Sub Court of Mavelikara dated 13-12-74. In accordance with the provisions in R.7 of O.20 of the Code of Civil Procedure the date of judgment will be the date of decree. The decree in the case was admittedly prepared and got ready only on 7-6-75. There is not even any suggestion that the delay in preparing the decree was due to any fault on the part of the appellant. The appellant applied for copies of the judgment and decree on 4-6-75. The copies were ready on 9-9-75 and they were received by the appellant on 16-9-75. The appeal was filed on 30-9-75.

(2.) Though the petitioner has prayed for condonation of delay of 17 days in preferring the appeal before this court, at the time the case was heard it was urged that on a correct interpretation of S.12 of the Limitation Act, 1963, there was no delay at all in preferring the second appeal. That section is in these terms:

(3.) Excepting for certain minor changes, which are not important for the purpose of disposing of this petition, the main difference between S.12 of the Indian Limitation Act, 1908, and the present section, is the addition of the explanation to the section.