Law: Limitation Act, 1908

Section: 5,12

Limitation Act (IX of 1908) Ss. 5 and 12-Time requisite for obtaining copies-Time spent in obtaining copy of Court of first instance for purpose of second appeal ordinarily not allowable-Delay of each day must be explained. Only the time requisite for obtaining a copy of appealed against and of the decree can be excluded. In order to have the benefit of Section 6 it is the duty the appellant to explain the delay for every day that elapses beyond the period allowed by the Limitation Act for filing an appeal. Second appeal was filed on 12th July 1952 last but one day of the expiry of limitation, unaccompanied by a copy of the of Court of first instance. The Deputy Registrar gave time till 26th July 1952 for appeal to be refiled with the requisite copy. The copy was ready on 18th July 1952 but the appeal was refiled only on 2nd August 1952. An affidavit accompanying the appeal did not explain delay from 27th July 1952 to 2nd August 1952. Held the appeal was time-barred. Devala v. Hiru 67 Indian Cases 670 ; Maulu Ram Mal v. Siri Ram I L R 2 Lah. 227 ; Naul and others v. Mula and others A I R 1926 Lah. 626 ; Chuhar Mal v Bira Ram A I R 1923 Lah. 461; Gurdit Singh v. Charan Das 72 Indian Cases 797 and Sardar Prithi Pal Singh v. Pandit Hams Raj and others A I R 1939 Lah. 378 ref. JUDGMENT ABDUL AZIZ KHAN, J.-Mr. Iftikhar-ul-Haq Khan, the learned counsel for the respondent, raised a preliminary objection to the effect that the appeal to this Court is barred by time. The judgment appealed against was given on 12th of April 1952. An application for a certified copy of this judgment and decree was made on 2nd May 1952 which were completed on 3rd of May 1952. The appellant, is, therefore, entitled to two days as "tithe requisite" under section 12 of the Limitation Act. The appeal should have been filed within 92 days i.e., by the 13th of July 1952. The appeal was lodged in this Court on 12th of July 1952 but the Memorandum of Appeal was not accompanied by a copy of the judgment of the trial Court. Rule 2 of Order 42, C. P. C., which has been framed by this Court, under the provisions of section 122, C. P. C., requires that in addition to the copies specified in Order 41,…

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