PRAJAPATI CHAKU VIRJI Vs. PATEL AMBA GANPATRAM

JUDGEMENT

(1.) This Civil Revision Application raises a short but interesting question as to the computation of period or limitation and exclusion of time requisite for obtaining certified copies Within the meaning of sec. 12 of the Limitation Act 1963

(2.) A few facts leading to the present Civil Revision Application are as follows:- -

(3.) Before the District Court an objection was raised that the appeal was beyond time. Out of abundant caution. therefore the defendants who were the appellants in the District Court made an application wherein they contended that the appeal was within time. They also contended in the alternative that if the District Court found that the appeal was beyond time delay in filing the appeal might be condoned. The learned District Judge who heard that application recorded the finding that within the meaning of sec. 12 of the Limitation Act 1963 the appeal was beyond time. He also recorded the finding that there was no sufficient cause for condoning the delay. In that view of the matter he dismissed the application which the defendants who were the appellants had made.