MOOLCHAND SONI Vs. VIRENDRA KUMAR

JUDGEMENT

(1.) THE question in this appeal is as to whether the appellant is entitled to enlargement of time spent in obtaining certified, copies of the judgment and decree of the trial court until the date of delivery or he will be entitled to exclusion of time under section 12 of the Limitation Act only upto the date when the notice that the copy is ready was issued, in accordance with Rule 235 of the Rajasthan General Rules (Civil), 1952 (hereinafter called "THE Rules").

(2.) THE decree in the instant case was passed by the trial court on March 16, 1979 and an application for obtaining certified copies of judgment and decree was filed on March 22, 1979. March 29, 1979 was the date fixed for issuing the certified copies, but on that day the copies were not ready for delivery and no further date appears to have been given to the appellant for obtaining the certified copies. On April 11, 1979 a notice under Rule 235 was issued and was affixed on the notice board notifying that the copies were ready for delivery. However, the appellant did not take delivery of the copies until May 23, 1979. In these circumstances, it is urged that the appellant was entitled to exclusion of time under section 12 of the Limitation Act from March 22 1979 upto May 23, 1979 when the delivery of certified copies was obtained by him. THE first appellate court held that the time requisite for obtaining copies could only extend upto April 11, 1979 and the period from April 12,1979 to May 23, 1979 could not be allowed to the appellant as the time requisite for obtaining the certified copies of the judgment and decree of the trial court. On this ground the first appeal was dismissed as being barred by time.