P.A. OOMMEN versus MORAN MAR BASELIUS MARTHOMA

P.A. OOMMEN versus MORAN MAR BASELIUS MARTHOMA

Where common judgments are delivered in multiple suits, dispensation of multiple certified copies for filing appeals relates only to documentation under Order XLI Rule 1 CPC and does not affect the computation of limitation, which is strictly governed by Section 12 of the Limitation Act. Each appellant must satisfy the requirements of the Limitation Act for exclusion of time, and cannot claim the benefit of time spent by another party in obtaining certified copies unless the certified copy filed complies with the rules and contains requisite particulars. In this case, the appellants failed to meet these requirements, and the appeal was rightly rejected as barred by limitation.

Parties
Appellant: P.A. Oommen; Respondent: Moran Mar Baselius Marthoma; Respondent: N. Sudhakaran; Respondent: K. Prasanthi
Jurisdiction
India
Judgment Date
17 July 1992
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Decision of Kerala High Court Rejecting Appeal as Barred by Limitation
Outcome
Appeal dismissed
Legal Topics
Limitation for Filing Appeal, Certified Copies of Judgment, Common Judgment in Multiple Suits, Order XLI Rule 1 CPC, Section 12 Limitation Act
Civil Procedure Limitation for Filing Appeal Certified Copies of Judgment Common Judgment in Multiple Suits Order XLI Rule 1 CPC Section 12 Limitation Act

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Parties

P.A. Oommen

Appellant

Moran Mar Baselius Marthoma

Respondent

N. Sudhakaran

Respondent

K. Prasanthi

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Decision of Kerala High Court Rejecting Appeal as Barred by Limitation

Legal Issues

  1. 1 Whether the time taken in obtaining a copy of judgment by plaintiffs in one suit can be excluded for limitation purposes for plaintiffs in another suit tried and dismissed by a common judgment
  2. 2 Whether the proviso to Order XLI Rule 1 CPC allows appellants to use certified copy obtained by plaintiffs in another suit for limitation purposes

Ratio Decidendi

Where common judgments are delivered in multiple suits, dispensation of multiple certified copies for filing appeals relates only to documentation under Order XLI Rule 1 CPC and does not affect the computation of limitation, which is strictly governed by Section 12 of the Limitation Act. Each appellant must satisfy the requirements of the Limitation Act for exclusion of time, and cannot claim the benefit of time spent by another party in obtaining certified copies unless the certified copy filed complies with the rules and contains requisite particulars. In this case, the appellants failed to meet these requirements, and the appeal was rightly rejected as barred by limitation.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed with no order as to costs