MITHILESH DEVI Vs. RAM NARAYAN THAKUR

JUDGEMENT

(1.) The title Appeal preferred by the petitioner against judgment and decree of the Subordinate Judge, Samastipur in Title, suit No. 4/8 of 1970/82, has been dismissed by the District Judge, Samastipur on the ground of limitation. The relevant facts are as follows.

(2.) The suit in question was disposed of on 27-10-89. On 10-11-89 the petitioner applied for certified copy of the judgment and decree. From the cage column of the certified copy, which was eventually supplied to him, and presented along with the memorandum of appeal before the District Judge, it appears that the requisites were notified on 28.2.90. The petitioner filed the requisites on 5-3-90. The copy was ultimately made ready on 21-3-90. He took the delivery on 26-3-90 and on the same day filed the appeal.

(3.) It would thus appear that the petitioner is entitled to count the entire period spent in obtaining the certified copy between 10-11-89 and 21-3-90 in terms of Section 12 (2) of the Limitation Act, 1963 minus the period of four days between 28-2-90 and 5-3-90. The court below has however taken the view that the application for certified copy itself having been made after expiry of the period of limitation for filing appeal, the petitioner was not entitled to count the aforesaid period. The above finding of the court below is contrary to the law laid down by the Supreme Court in Udayan Chinubhai v. R.C. Bali, AIR 1977 SC 2319.