KRISHNA DAS ROY Vs. SANTIMOYEE BOSE

JUDGEMENT

(1.) The instant appeal was filed on Feb. 7, 1979, Some of the defendants in a suit for partition are the appellants and the appeal is against the final decree. Objections against the Commissioner's report having been overruled, the learned Judge in the trial court by his judgment dated June 14, 1977, directed the preliminary decree for partition be made final. The plaintiffs delayed filing of the requisite stamp for drawing up the final decree which was so filed only on Sept. 12, 1978 and the final decree was then drawn up on Nov. 11, 1978.

(2.) The present appellants filed an application for certified copies of the judgment and decree on Sept. 8, 1977, but on an office report that the decree had not been drawn up, that application was not proceeded wit h. On a fresh application for such copies being filed on Dec. 1, 1978, the copies were obtained on Jan. 16, 1979, and the memorandum of appeal was presented in this Court on Feb. 7, 1979, as referred to hereinbefore,

(3.) Calculating limitation from the date of the final judgment, that is, June 14, 1977, the Addl. Stamp Reporter has made a report that the application for certified copies filed along with the memo of appeal not having been made before the drawing up of the decree, the last date for filing the appeal within the period of limitation expired on Sept. 12, 1977 and that the appeal as presented has been presented 1 year 4 months and 28 days beyond time. According to the Addl. Stamp Reporter, the appeal should have been filed within Sept. 12, 1977, notwithstanding the fact that no decree has been drawn up in view of Rule 6A of Order XX of the new Civil p. C.