RAM LAL Vs. MAHADEO SAH

JUDGEMENT

(1.) The present appeal is against the appellate order disposing of the appeal on a preliminary point namely, that of limitation, holding that the appeal was time barred by 12 days and thus dismissing Sec. 5 Limitation Act application, as also the appeal.

(2.) The defendant, who was the appellant in the court below is appellant before this Court.

(3.) The main contention of the appellant is that the trial court judgment was dated 27 -4 -1982 and the decree was originally signed on 8 -5 -82, which was subsequently amended, and the amended decree was signed on 27 -5 -82. The appellant assails the impugned judgment both on merit; i.e. not filing the appeal before 5 -7 -82 on the ground of illness and also on the ground that meaning of the amended decree on 27 -5 -82 gave a fresh period of limitation to run from the date of the signing of the amended decree.