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1951 Supreme(Bom) 96

CHAGLA, COYAJEE, GAJENDRAGADKAR
Jayashankar Mulshankar – Appellant
Versus
Mayabhai Lalbhai – Respondent


Advocates:
B.J. Diwan with B.G. Thakore, for Appellants; N.C. Shah, for Respondent.

Judgement

Chagla, C.J. :- The question that we have to consider in this Full Bench is whether the time that elapses between the pronouncement of the judgment and the signing of the decree should be excluded under S. 12 (2), Limitation Act, and if it is to be excluded whether it should be excluded wholly or should be excluded under certain limitations. The facts that give rise to this Full Bench may be briefly stated. The trial Court delivered its judgment in Ahmedabad on 1-5-1948. The decree was signed on 29-6-1918. The plaintiffs filed the appeal to the District Court on 4-8-1948, and the question that arose was whether the appeal was in time. The learned District Judge took the view that the appeal was out of time and the same view was taken by Dixit, J., in second appeal. Dixit, J., gave leave under the Letters Patent and the matter came before a Divisional Bench which referred the question to a Full Bench. A further fact may be stated which is also material that the plaintiffs applied in this case for certified copies of the judgment and the decree on 17-6-1948. The certified copies were ready on 7-7-1948. The appeal would only be in time if the period between May 1 and 29-6-191



























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