STATE OF ASSAM Vs. GOBINDA CHANDRA PAUL

JUDGEMENT

(1.) The question of law that arises for consideration in this appeal is whether under S.12(2) of the Limitation Act, 1963 read with the explanation the appellant is entitled to exclude the time commencing from the date of judgment till signing of the decree prior to his application for a copy thereof in computing the period of limitation prescribed for filing the appeal.

(2.) The appellant State of Assam was a defendant in a suit filed by the plaintiff-respondent in the Court of the Munsiff No.1, Hailakandi. The suit was for realisation of an amount of Rs. 10,000.00 being the value of the goods seized by the Superintendent of Supply, Hailakandi and also compensation for loss and expenditure incurred by him in defending criminal cases instituted against him in respect of the illegal seizure.

(3.) The case of the plaintiff-respondent, who is a grocer, was that he had a shop and godown wherein he stored 12 bags of Atta, 13 bags of Sugar, 1 bag of Moida (flour) and 5 bags of Suji. On 13-8-73 the defendant, Superintendent of Supply, Hailakandi, in his capacity as an official of the Government, seized the said commodities from the possession of the plaintiff for his alleged failure to display the chart of prices thereof. A case was instituted against him with the police. The case was investigated by the police and a charge-sheet was submitted under S.114 (ii)(a)(b)of the Defence of India Rules, 1971. The trial was conducted by the Magistrate which ended in acquittal of the plaintiff on 25-3-74. The value of the seized commodities was also ordered to be returned to him. The State filed an appeal before the High Court against the order of acquittal. The appeal was dismissed and the order of acquittal was upheld.