SIMLA KONGLUI TANGKHUL Vs. WANGMAZUM TANGKHUL AND OTHERS

JUDGEMENT

(1.) THE only question which, requires determination in the revision petition is the true meaning and purport of the explanation under Section 12 of the Indian Limitation Act. 1963 (Act 36 of 1963) hereinafter called the Act, or in other words, whether the time taken by the Court to prepare the decree before the application for copy thereof had been made should be excluded in favour of the appellant as time requisite for obtaining a copy of the decree.

(2.) THE Second Subordinate Judge of Manipur pronounced the judgment in O. S. No. 12 of 1969 on 30 -6 -1971, where by he dismissed the suit. The decree was prepared and signed by the Court on 7 -7 -1971. The plaintiff applied for the copy of the judgment on 5 -7 -1971 and for that of the decree on 8 -7 -1971. Both the copies were prepared, signed and delivered to the plaintiff on 8 -7 -1971, and thereafter the appeal was filed on 10 -8 - 1971 with an application under Section 5 of the Limitation Act for condonation of the delay for 3 days, that is, from 7 -8 - 1971 to 9 -8 -1971.

(3.) THE O. Ps. in the revision petition did not enter appearance in spite of receiving notices and accordingly the revision petition was heard ex parte.