DALIPRAM Vs. CHHABIRAM

JUDGEMENT

(1.) THIS appeal has come up before me on an office objection that it was barred by limitation. The appellants contend that the appeal is within time; and, in the alternative, they pray that the delay, if any, in the filing of the appeal be condoned under Section 5 of the Limitation Act.

(2.) THE only question that arises for consideration is whether the time spent in getting a certified copy of the judgment in civil appeal No. 69-A of 1961 could be 'excluded in computing the period of limitation for the filing of this second appeal.

(3.) CIVIL Appeal No. 2-A of 1961 was decided by the District Judge, Raipur, on 25-91962 by an order which stated: 'for the reasons given in Civil Appeal No. 69-A of 1961, this appeal fails and is hereby dismissed. ' The decree was filled in on 27-91962. Thereafter, the appellants obtained certified copies of the judgment and decree in civil appeal No. 69-A of 1961 and filed this appeal in the High Court on 5-1-1963; but, instead of filing, the certified copies of the 'order' and decree appealed from, filed the certified copies of the judgment and decree in civil appeal no. 69-A of 1961. On the office pointing out the mistake, the appellants applied for, and having obtained, the certified copies of the 'order' and decree in civil appeal-No. 2-A of 1961, filed them on 22-1-1063. The appeal can thus be taken to have been filed on. 22-1-1963, and the question is whether it is within time.