SHASHI BAKSHI Vs. KAMLA DEVI JAIN

JUDGEMENT

(1.) WITH the consent of the learned counsel for the parties, this petition is taken up today for hearing and final disposal.

(2.) A very short question is involved for consideration in this case and the question is whether for computing the period of limitation for filing an appeal, the date of knowledge of the passing of the decree is relevant or the date of the decree is relevant. In other words, does the limitation start running, for filing an appeal against a decree in an appellate Court, from the date of the passing of the decree or the date when the appellant obtained the knowledge about the passing of the decree?

(3.) THE learned District Judge, in the impugned judgment, has taken a view that the limitation starts running from the date of the knowledge. The decree, impugned in the appeal, was passed on 7th August, 2007 and the appeal against the same was filed before the learned District Judge on 19th march, 2008 accompanied by an application for condonation of delay under Section 5 of the Limitation Act. In the Application, the appellant had pleaded that there was only 4 days' delay in filing of the appeal because, according to the appellant, she had obtained knowledge about the passing of the ex parte decree on 5th February, 2008. Even though the learned District Judge has held that the delay was only 4 days, as a matter of fact, even if the limitation is to be construed from the date of knowledge, the delay in filing the appeal was not 4 days, but much more than that, inasmuch as the knowledge, according to respondent No. 1/ appellant, was acquired on 5th February, 2008 and the appeal admittedly was filed before the learned District Judge on 19th march, 2008. The District Judge, therefore, was wrong even on facts to say that the delay was of 4 days.