KANCHHEDILAL UMRAO SINGH Vs. MAURSI RANJEET KACHHI

JUDGEMENT

(1.) This appeal was filed on 3-8-1959 from the judgment and decree passed by the Additional District Judge, Bhilasa, on 30-3-1959. The office report is that it is barred by time. Copies of the judgment and decree from which this appeal has been filed were obtained on 21-7-1959 and the application for obtaining those copies was also made on that very day. Thus under Section 12 of the Limitation Act only one day can be excluded.

(2.) It is urged by Shri Karkare that the time spent in obtaining a copy of the judgment of the first court should also be excluded, Under the rules of this court it was not necessary to file that copy. However, that question is of no consequence because only 3 days were spent in obtaining that copy, That also does not bring this appeal within the prescribed time. The copy of the judgment of the first court is not even filed here,

(3.) The real point raised by Shri Karkare is that on an earlier occasion, that is, on 28-4-1959 an application was made by the appellant for obtaining copies of the judgment and decree of the first appellate court and those copies were supplied on 30-6-1959. Eventually those copies were lost and the appellant now claimed exclusion under Sec. 12 of the Limitation Act of the period from' 28th April to 30th Tune. In the alternative it is urged that benefit may be given under Sec. 5 of the Limitation Act.