BHAIYA SANOMAN SINGH Vs. RAJA RAM

JUDGEMENT

(1.) The question that arises for consideration in the present appeal is whether an appealable decree against which an appeal has not been filed becomes final on the expiry of the period of limitation prescribed for filing an appeal from that decree, or does the decree become final on the very day on which it was passed. Both the Courts below have held that a decree capable of being appealed against does not become final till the expiry of the period prescribed for filing an appeal against that decree.

(2.) The facts that led to the present appeal are as follows: Ram Harakh Pande, the respondent obtained a decree for pre-emption against the appellants on the 16 of March, 1921. The decree in favour of the respondent was conditional on the payment by him of the purchase-money within 30 days from the date of the decree becoming final. The appellants appealed against that decree and the first Appellate Court on the 30 of June, 1921, dismissed the appeal. The purchase- money was deposited by the respondent more than 30 days after the 30 June, 1921, viz., on the 1 of August, 1921. After depositing the purchase-money the respondent applied for delivery of possession of the property pre-empted by him and delivery of possession was made over to him on the 30 of June, 1922. On the 5 of November, 1923, the appellants filed an application for restitution under Section 144 of the Civil Procedure Code, and asserted that the decree of the trial Court became final on the 30 of June, 1921, that is, on the date on which the first Appellate Court dismissed the appeal filed by the appellants, The respondents maintained that the decree of the trial Court that was affirmed by the first Appellate Court did not become final till after the expiry of the period allowed for filing an appeal from the decree of the first Appellate Court, i.e., till after the expiry of 90 days from the 30 of June, 1921, and therefore, the purchase-money had been deposited by him well within time.

(3.) In our judgment the view of law taken by the Courts below is perfectly correct.