NEKI KISHEN SAHAI Vs. RUP CHAND

JUDGEMENT

(1.) These are six applications for leave to appeal to the Supreme Court against a decision of this Bench disposing of six appeals filed under Clause 10 of the Letters Patent. The appeals were connected and were disposed of by one judgment.

(2.) A preliminary objection is raised by Mr. Shamair Chand on the score of limitation. He contends that under Section 12 (2) of the Limitation Act an applicant for leave to appeal is entitled to exclude the time taken in obtaining a copy of the decree only. He is not entitled to any concession on account of the time spent in obtaining a copy of the judgment. It is conceded by Mr. Daya Krishan Mahajan that the applications are barred by time if the time taken in obtaining the copy of the judgment is not to be excluded. The judgment sought to be appealed against was pronounced on 27-7-1951. The application for a copy of the decree was made on 12-10-1951 and was ready on 26-10-1951. The present application was not put in until 5-12-1951. The application having been filed more than ninety days after the judgment was pronounced is clearly barred by time. Mr. Daya Krishan Mahajan, however, contends that he is entitled to exclude the time taken in obtaining a copy of the judgment and on this computation his application is within time.

(3.) Section 12 (2) of the Limitation Act is in the following terms: