Law: Limitation Act (IX of 1908)

Section: S. 12

  Limitation Act (IX of 1908), S. 12-Time requisite fop obtaining copy-Incomplete copy delivered bycopying branch Copy returned and complete copy delivered after 30 days Time spent in obtaining fresh copy would be time requisite fop obtaining copy within meaning of S. 12-Appellant entitled to add the period to ordinary period of limitation for filing appeal Time requisite for obtaining copy to be excluded as a matter of right.   Limitation Act (IX of 1908), Ss. 5 & 12-Appellant at liberty to file his appeal on last date of limitation-Rule that Appellant should account for delay of each day-Applicable only where S. 5 comes into play and not in case of S. 12.   JUDGMENT   MUHAMMAD SHARIF, J.---This is an appeal against the order of the District Judge, Muzaffarabad dated 13-1-61, by which the appeal of the plaintiffs-appellants against the judgment and decree of the Sub-Judge, Muzaffarabad dated 3-6-1955, was dismissed as time barred.   The judgment of the Sub-Judge was delivered on 3-6-55. An application for obtaining the copy of the judgment was made on 7-6-55, and the copy was distributed on 15-6-55, but it was incomplete in the title of the suit, therefore, it was returned to the copying department and a fresh copy was prepared and distributed to the appellants on 14-7-55. The appeal before the District Judge which is file No. 22, Civil Appeal of 1955, was filed on 20-7-55. The learned District Judge was of the view that since copy of the judgment had been originally supplied on 15-6-55, appellants were not entitled to any extension of time beyond 15-6-55. Therefore, he held that the appeal which was filed on 20-7-55, was time barred. The limitation for filing an appeal for the District Judge was 30 days. The learned District Judge, further, remarked in his judgment that the amended copy having been supplied on 14-7-55, the appeal should have been immediately filed in any case and the appellants have to account for the delay of each day beyond 14-7-55, and they having failed to show any reasonable cause for such delay are not entitled to any extension of time.   The learned District Judge has made a wrong approach in the…