HARBANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment of mine will dispose of Regular Second Appeal No. 887 of 1962 and Civil Miscellaneous Application No. 1179 of 1962.

(2.) This appeal has been filed against the judgment and decree of the Senior Subordinate Judge, Patiala, dated December 11, 1961, by which he accepted the appeal against the decree of the Subordinate Judge, Patiala, and dismissed the suit of the plaintiff.

(3.) An application under Section 5 of the Limitation Act (hereinafter referred to as 'the Act') has been made praying that the delay in filing the appeal, which was taken by the appellant to be two days only, might be condoned. The limitation for filing the appeal after deducting the period for obtaining the copy of the appellate Courts' judgment and decree was upto March 17, 1962. The appeal was filed on March 19, 1962 without copy of the trial Court's judgment. The judgment of the trial Court was filed on May 24, 1962. According to the provisions of rule 2 of Order 42 of the Code of Civil Procedure, a copy of the judgment of the trial Court was required to be annexed with the appeal. The said rule has been added by the High Court of Punjab, which is in the following terms :