MASADI RAM Vs. JOBAN DASS

JUDGEMENT

(1.) In this revision petition the Respondent has raised a preliminary objection that the petition is barred by time. But according to the learned Counsel for the Petitioner the petition after having deducted time requisite for supply of copy is within time. For this purpose the original register along with the application for the supply of the copy was requisitioned from the Copying Agency at Jubbal.

(2.) I have seen the register as also the application and if the time is to be counted upto the date of the attestation and comparison of the copy of the judgment which is 22nd May, 1974, then the petition is admittedly barred by time. But the submission made by the learned Counsel for the Petitioner is that the time requisite for the supply of the copy is upto the date of delivery which was actually taken on 27th May, 1974. If the submission of the learned Counsel is accepted as correct then admittedly the petition is within time.

(3.) Now we have to see as to which is the time requisite for obtaining the copy whether it is only the time upto the preparation of the copy or the date on which the copy is actually delivered. I have seen: the application. There is no order passed by the Copying Agency as to when the copy would be ready for delivery so as to fix the knowledge on the part of the Petitioner to go and collect the copy on that. particular date. No rules have been shown by the learned Counsel for the Respondent as to which is the requisite time for supplying of the copy, whether it is the date on which the copy is ready or it is the date on which the copy actually was delivered or collected by the applicant. In my opinion, if the Petitioner was instructed to attend the Court on a particular date to ascertain whether the copy was read and the Petitioner did not attend to obtain the copy on that date the it must be held that the day beyond that cannot be deducted from the limitation period as time requisite for obtaining the copy. In the instant case no time was fixed by the Copying Agency either as the date when the copy would be ready and when the same would. be delivered to the applicant. Therefore, in my opinion, the time requisite for obtaining the copy would be counted upto the date where the copy was actually delivered. It is in fact the omission on the pa -of the Copying Agency to inform the applicant as to the date when h should have gone to take the delivery of the copy. Therefore, in the circumstances the entire I.L.Reriod from the date of the application the date of the delivery of the copy must be excluded as the time for obtaining the copy.