1965 (9) TMI 78

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er this appeal was filed within the prescribed limitation. 2. Material dates are these:  6-10-1964 Date of judgment.  9-10-1964 Date of signing the decree  24-3-1965 This appeal was filed.  Thus the appeal was filed on the 169th day of the judgment 3. As regards the time spent in obtaining the copies of the judgment and decree, the material d....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ome neglect on his part to take some action he was bound to take. But that ceased to be good law on 1st January 1964, when the Limitation Act, 1903, came into force (the Act was published in the Gazette of India dated 5th October 1903). The following explanation has been added to Section 12 of the new Act. "In computing under this section the time requisite for obtaining a copy of a decre....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the view taken in Umda v. Rupchand, AIR 1927 Nag 1 (FB), has been accepted by the legislature. 5. Learned counsel has applied for condonation of the delay on the ground that he had been relying on the Full Bench decision in Bhagwant, 1955 Nag LJ 286 (FB) (supra). But their Lordships have recently observed in A.D. Partha Sarathy v. State of Andhra Pradesh, 1965 SC (Notes) 240 Page 186: (AIR 196....