Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 96 & O.XLI, R.1---Appeal, form of---Provisions of S.96 are to be read with O.XLI, R.1, C.P.C. which provides that Memo. of Appeal shall accompany with a copy of and if copy of or decree is not filed along with appeal, the same will not be presumed to have been validly presented/filed. 1991 CLC 1288 ref. (b) Limitation Act (IX of 1908)--- ----S. 12---Computation of period of limitation prescribed- for any appeal---Principles. Under section 12 of Limitation Act, 1908 in computing the period of limitation prescribed for any appeal the time requisite for obtaining both, a copy of the as well as a copy of decree, shall be excluded except where these two periods overlap each other. There is no obligation imposed upon an appellant to file application for copies of and decree at one and the same time. He can make his application for copies at different times. In such case, if the time requisite for obtaining copy of one of these documents extends the time of limitation, then the application made for obtaining the copy of the other document, after the time originally fixed for filing an appeal under .the law of limitation but before the extension of time allowed by reason of the time required for. obtaining copy of one of these documents expires, will entitle the appellant to extension of time required for obtaining copy of other document, because; section ,12(2) of the Limitation Act, 1908 provides a .relaxation by way of exclusion of time requisite for obtaining copy of decree while subsection (3) relates to copy of . Subsections (2) and (3) of section 12 of the Limitation Act allow the appellant to avail exclusion of aggregate period occupied in obtaining copies of both the and decree as of right. However; when applications for copy of decree and are made separately but within due dates, an appellant while claiming aggregate period will not be allowed the overlapping period to be excluded twice which is to be computed only once. Issue of limitation is mixed question of fact and law which could not be decided without affording opportunity of leading evidence to the parties. AIR 1924 Patna 113; Abdul Ghafoor v. Sher…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492