PURSHATTAM NARAYAN Vs. SUGAN CHAND PANNALAL

JUDGEMENT

(1.) SECOND Appeal No. 242 of 1959 was filed in this Court on 27-10-1959 together with a copy of the Judgment dated 3-7-1959 of the Additional District Judge, gung. This appeal has been dismissed by the learned Single Judge on the ground that it is barred by time.

(2.) IT has been found that appellant Purushotram Warain applied for a copy of the judgment on 25-9-1959 and it was supplied to him on 6-10-1959. Another copy was obtained by his father Shital Prasad. Application for this latter copy was made on 14-7-1959, and it was supplied on 17-8-1959. The appeal was filed by purushottam Narain and in this appeal Shital Prasad was one of the respondents. It may be mentioned in passing that !his was a suit under Order 21, Rule 63, C. P. C. by his son (objector) against Sifganchand and others (decree-holders) and his father (judgment-debtor ).

(3.) WITH the second appeal filed by Purushottam Narain in this Court he filed that copy which was obtained by his father Shital Prasad instead of the one which was obtained by himself. If the time spent In obtaining the copy which was supplied to purushottam Narain is excluded the appeal is barred by time. But if the time spent in relation to the copy obtained by Shital Prasad is excluded under Section 12 (2)of the Limitation Act, the appeal was within time.