OM PRAKASH Vs. SHASHI AND ORS.

JUDGEMENT

(1.) The regular first appeal preferred to assail the judgment and decree dated 13.12.1999, passed by learned Additional District Judge No.3, Jodhpur, was reported to be barred by limitation from 33 days'. The appellant-defendant contested the office report with assertion that an application to have certified copy of the judgment and decree was submitted on 21.12.1999. The certified copy was to be delivered on 22.12.1999, however, being not prepared on that day the same was given on 27.3.2000. Prior to that no other date of delivery of copy was notified as per Rule 239 of the General Rules (Civil), 1986, therefore, as per the appellant-defendant the period from 21.12.1999 to 27.3.2000 is required to be excluded while computing limitation to file appeal as time taken in obtaining certified copy within the meaning of Section 12 of the Limitation Act. Suffice to mention that in the certified copy, as per the endorsement made by the copying section of the original court, the application was submitted on 21.12.1999 with an anticipating date for delivery of copy as 22.12.1999. The copy was ready for delivery on 29.12.1999 and a notice to this effect was issued on 7.3.2000. The copy then was delivered to the appellant-defendant on 27.3.2000. The office on the count that a notice was issued on 7.3.2000 treated the period from 22.12.1999 to 7.3.2000 as the time taken in obtaining certified copy and on basis of that made a report about 33 days' delay in filing the appeal.

(2.) The appellant-defendant while meeting with the office objection emphasised that the period from 21.12.1999 to 27.3.2000 is required to be excluded as the time taken in obtaining certified copy by relying upon two Single Bench judgments of this Court.

(3.) A Single Bench of this Court in Mangilal v. Sitaram, 1957 RajLW 368, held that if the certified copy applied for is not ready on the date fixed and neither next date for delivery of copy is given nor notice about its preparation is affixed on the notice board then the time from the date of preparation of copy to the date of delivery of the same is to be treated as a part of the time taken in obtaining certified copy.