LALA BALMUKUND (DEAD) THROUGH L.RS. versus LAJWANTI AND ORS.

LALA BALMUKUND (DEAD) THROUGH L.RS. versus LAJWANTI AND ORS.

The appellant was entitled to exclusion of the entire period between pronouncement of judgment and signing of decree as the 'time requisite' for obtaining a copy of the decree under Section 12(2) of the Limitation Act, 1908, since delay was not attributable to him. Consequently, the appeal was within time.

Parties
Appellant: Lala Balmukund (Dead) Through L.Rs.; Respondents: Lajwanti and Ors.
Jurisdiction
India
Judgment Date
01 April 1975
Procedural Posture
Civil Appeal / Appeal Against Allahabad High Court Judgment in S.a. Appeal No. 18 of 1958
Outcome
Appeal allowed; High Court judgment set aside.
Legal Topics
Limitation Act Section 12(2), Time Requisite for Obtaining Copy of Decree, Construction of Ambiguous Statutory Provisions
Civil Procedure Limitation Limitation Act Section 12(2) Time Requisite for Obtaining Copy of Decree Construction of Ambiguous Statutory Provisions

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Parties

Lala Balmukund (Dead) Through L.Rs.

Appellant

Lajwanti and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Allahabad High Court Judgment in S.a. Appeal No. 18 of 1958

Legal Issues

  1. 1 What constitutes 'time requisite' for obtaining a copy of the decree under Section 12(2) of the Limitation Act, 1908?
  2. 2 Should the period between pronouncement of judgment and signing of decree be excluded from limitation computation when delay is not attributable to appellant?

Ratio Decidendi

The appellant was entitled to exclusion of the entire period between pronouncement of judgment and signing of decree as the 'time requisite' for obtaining a copy of the decree under Section 12(2) of the Limitation Act, 1908, since delay was not attributable to him. Consequently, the appeal was within time.

Court Disposition

Appeal allowed; High Court judgment set aside.

Orders

  • Case remanded to Additional Civil Judge, Lucknow for disposal according to law.
  • Costs awarded to appellant throughout.