BATAN SINGH Vs. NATHU BIRJU

JUDGEMENT

(1.) This is a regular first appeal under Section 54 of the Land Acquisition Act No. 1 of 1894, against the award of the Senior Subordinate Judge, Hoshiarpur, dated 23th January, 1954,

(2.) The first preliminary objection raised by the learned counsel for the respondent is that the appeal is barred by limitation. It was stated by the learned Senior Subordinate Judge in the order under appeal that the main decision wag given by him in Petition No. 14 of 1951, Surjan Singh v. The State, which was to form part of the order under appeal. It appears from the record that an application for certified copy of the order in petition No. 14 of 1951, Surjan Singh v. The State was made on 26th March, 1954, and it was ready on 12th April, 1954. Another application for certified copy of the order under appeal was made on 10th May, 1954, and the same was ready on 13th May, 1954. The memorandum of appeal was filed in this Court on 15th May, 1954, along with the certified copies of both the orders. It will be seen that 18 days were spent in the preparation of the certified copy of the main order. Limitation for filing the appeal was consequently extended to 13th May, 1954. The application for the certified copy of the order under appeal was consequently made within the extended period of limitation. Four days were spent in preparation of the certified copy of the order under appeal. The last day of limitation for filing the appeal was, therefore, 17th May, 1954. The appeal having been filed on 15th May, 1954, was well within time.

(3.) It may be mentioned Here that both the orders, i. e., the order under appeal and the main order passed in petition No. 14 of 1951, Surjan Singh v. The State, formed the judgment in this case and the time spent in obtaining Copies thereof would be excluded in computing the period of limitation under Section 12 of the Indian Limitation Act. In this view of the matter, it is not necessary to deal with the application dated 4th September, 1954, under Section 5 of the Indian Limitation Act filed by the appellants.