Law: Limitation Act (IX of 1908)

Section: S. 12

Law: Civil Procedure Code (V of 1908)

Section: S. 100

  Limitation Act (IX of 1908), S. 12,--Appellant entitled to exclude time requisite notonly for obtaining copy of judgment but also that of decree.   Limitation Act (IX of 1908), S. 12-Incorrect copy of judgment delivered by copying branch---Copy taken back for correction and redelivered after some time-Appellant entitled to exclude time spent in obtaining corrected copy as "time requisite for obtaining copy."   Civil Procedure Code (V of 1908), S. 100--Party's name not entered in list of respondents in decree-sheet prepared by lower appellate Court-Appeal against such party, held, still pending by fiction of law-Non-inclusion of such party's name in appeal, held, not fatal.   Appeal (Civil)--Failure to bring on record legal representa tive of one of deceasedrespondents-Abatement, principle stated --Civil Procedure Code (V of 1908), O. XXII, r. 4.   The principle of abatement is that where the decree is joint and indivisible the failure to bring the legal representative of any one of the deceased respondents on record in time would result in the abatement of the appeal as a whole but where the decree is not joint but divisible and the shares of the various plaintiffs have been specified the appeal would abate not in toto but so far as it affects the right of the deceased plaintiff-respondent whose legal representatives have not been brought on record within the prescribed time. Under the Muhammadan Law the heirs of a deceased person inherit as tenants in common and each one of them has a specified share in the property left by the deceased. Failure of the appellants to bring the legal representative of such a deceased respondent on record, therefore, would not result in the abatement of their appeal in toto but the appeal would abate so far as it affects the share of the deceased respondent.   A I R 1927 Lah. 860 ; A I R 1930 Lah. 651 ; 110 1 C 281 ; 85 1 C 197 and A I R 1928 Lah. 359 ref.  JUDGMENT   MUHAMMAD SHARIF, J.---This is an appeal against the judgment and decree of the District Judge dated 13-1-61 by which the appeal of the defendants-appellants against the judgment and decree of the Sub-Judge,…