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SHAILENDRA SINGH
Bajrangi Kumar Singh – Appellant
Versus
Sheo Lal Sao – Respondent
ORDER :
Mr. Gaurav Govind, learned counsel appearing for the appellant submits that the defect with regard to the limitation period pointed out by the office is completely wrong as in this appeal, the appellant has challenged both the judgment and decree and in the Limitation Act, there is no specific provision of limitation period with regard to an appeal against the judgment passed by a court while exercising its original jurisdiction, though, there is specific provision with regard to an appeal against the decree passed by such court and as per Article 116 of the Limitation Act, the limitation period for filing an appeal against the decree is ninety days and the same starts from the date of the decree and the appellant has filed this appeal within ninety days from the date of the decree which is under challenge. In support of the above submission, learned counsel has placed reliance upon the judgment of the Karnataka High Court passed in the case of Peerappa vs. Basamma and Others reported in AIR 1981 Karnataka 163 in which it was ruled that the limitation period under Article 116 of the Limitation Act for filing an appeal must be computed from the date of certified copy of the d
The limitation period for filing an appeal against a decree is ninety days from the date of the decree, not the judgment.
Period of limitation – Exclusion of time – Time taken in obtaining certified copy of decree under appeal is excluded from period consumed.
The judgment of the Hon'ble Apex Court excluding the period from 15.3.2020 till 28.2.2022 for the purpose of limitation influenced the Court's decision to allow the condone delay application.
An appeal must be filed within the prescribed time unless a satisfactory explanation for delay is provided; ignorance of judgment and missing documents are insufficient reasons.
The court emphasized that delays in filing appeals must be satisfactorily explained, and inaction prior to the pandemic does not qualify for condonation under the Limitation Act.
The court established that the limitation for appeal is calculated from the original judgment date unless a valid correction alters the operative decree, and a liberal approach in condoning delays is....
The period for executing a decree runs from the date of the appellate decree, even when there is an appeal regarding part of the decree.
The trial court must reevaluate the limitation of a suit based on evidence and compliance with prior orders, rather than rely solely on earlier decisions.
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