NATHULAL Vs. NATHIBAI

JUDGEMENT

(1.) This order shall dispose of the application under S.5 of the Limitation Act, 1963 (for short 'the Act') filed by the applicants.

(2.) Circumstances giving rise to the application are these. The Non-applicants instituted Civil Suit No. 3-A/82 against the applicants and one Nandibai (since deceased) for separate possession of property and mesne profits and in the alternative for partition, possession and mesne profits. The learned Ist Additional Judge to the District Judge, Ratlam, Camp Jaora, in the said suit, passed a preliminary decree dt. 21-3-86 for partition.

(3.) The applicants on 19-6-86, after excluding time as provided under S.12 of the Act, within 70 days of the decree, filed an application under O.44, R.1, C.P.C. accompanied by the memorandum of appeal for permission to appeal against the decree as indigent persons. The office note is to the effect that the proposed appeal is barred by 9 days as the period prescribed for an application for leave to appeal as indigent person is 60 days as provided by Art.130 of the Act.