NANUSAM Vs. SITARAM

JUDGEMENT

(1.) THIS second appeal by the defendant has been referred to a Division Bench by a learned single Judge of this Court on account of certain observations made by bhandari, J. in Guman v. Laxman, (1961) ILR 11 Raj 913 and some conflict of judicial opinion on the point.

(2.) THE facts relevant for disposal of the case are these. A suit brought by the plaintiff against the defendant for recovery of money was decreed by Munsif bikaner on 30th May 1962. The court remained open upto 3rd June, 1962 and closed for the vacation from 4th June, 1962 to 1st July, 1962. It reopened on 2nd july, 1962. The defendant filed an application for copy of the judgment and decree on 2nd July, 1962. He presented an appeal unaccompanied by copies of the judgment and decree on 3-7-1962. On 19-7-1962 copies of the judgment and the decree were delivered to him which he presented in the appeal. The appeal was thus taken to have been properly presented on 19-7-1962. It was dismissed as time-barred by the learned Civil Judge. Against this dismissal the present second appeal has been filed,

(3.) IT is contended on behalf of the appellant that the period of the vacation from 4-6-1962 to 1-7-1962 should be included in the period requisite for obtaining a copy of the decree.