MUTHULAKSHMI Vs. SWAMINATHAN

JUDGEMENT

(1.) AN interesting as well as an important question relating to the deduction of time taken for furnishing stamps called for on an application for a certified copy as -time requisite- under section 12(2) and (3) of the Limitation Act, 1963, arises for consideration.

(2.) THE judgement appealed against in the instart case, was delivered or 17th April, 1980 and an application for certified copies of the judgement and decree was filed on 19th April, 1980. THE copy stamps required for complying with the application were called for on 3rd September. 1980. THE deposited or 6th September, 1980. THE certified copies were made ready on 4th November, 1980, taken delivery of on 5th November, 1980, and the appeal was presented on 31st January. 1981. THE office returned the papers stating that the appeal had been filed out of time. In doing so the office counted against the appellant two days viz., 5th September, 1980 and 6th September, 1980 as time not requisite. THEreafter, the papers were re presented with an endorsement that in view of the decision of this Court in Ponnuswamy Nadar v. Ananthappa Nadar and another 1 , the appeal had been preferred in time. Even thereafter, the office entertained a doubt whether the decision relied on can be applied also to cases where the appeal is filed with certified copies. On the counsel maintaining that it would apply even to such cases, the office has sought orders of Court and that is how the matter has come up.

(3.) UNDER section 12 of the Limitation Act, 1963, provision is made for the exclusion of time in the commutation of the period of limitation prescribed for an appeal or application etc. The day from which the period is to be reckoned for any suit or annual or application stands excluded under section 12 (1). The first part of section 12 (2) excludes the day on which the judgment complained of was pronounced from entering into the computation, while the latter portion excludes the -time requisite- for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed. Section 12 (3) provides that the the requisite for obatining a copy of the judgment on which the decree or order is found shall be excluded where a decree or order is appealed from or sought to be revised or reviewed or where an application is made for leave to appeal from a decree or order. In relation to proceedings to set aside an award, section 12 (4) provides that the time requisite for obtaining a copy of the award shall stand excluded. The Explanation appended to section 12 states that the time taken by the Court to prepare the decree or order before an application for copy thereof is made shall not be excluded in computing the time requisite for obtaining a copy of the decree or order. Rules 129 and 135 of the Civil Rules of Practice make provision for the deposit of stamp papers and printing charges respectively with reference to applications for certified copies of the judgments and decree and the printed copies as well.