The expression "time requisite" in Section 12(2) of the Limitation Act, 1963 means all the time counted from the date of the pronouncement of the judgment which would be properly required for getting a copy of the decree, including the time which must ex necessitas elapse in the circumstances of the particular case, before a decree is drawn up and signed.

RAMENDRA MOHAN DATTA, J. :- This application is made by the respondent in the above appeal for an order, inter alia, that the appeal herein be dismissed as being barred by limitation, There is an alternative prayer to the effect that the order granting leave to file the memorandum of appeal without the certified copy of the decree be cancelled or recalled or withdrawn and the leave granted be revoked and/or set aside and the appeal be dismissed on the ground of non-compliance by the appellant with the undertakings given at the time of the admission of the appeal.

2. It is not necessary to go into the details of the facts except to mention that the hearing of the suit lasted for more than 32 days and, thereafter, the suit was dismissed with costs on or about April 11, 1974. On the very same date the plaintiff appellant gave requisitions for drawing up of the decree and for a certified copy thereof. The plaintiff appellant was granted leave to file the memorandum of appeal on or about August 2, 1974 without the certified copy of the said decree on the undertakings given to court :

(a) To file the certified copy of the said decree within the period of limitation;

(b) To cause the order dated 2nd Aug.. 1974 to be drawn up and included in the paper book to be filed herein; and

(c) To cause a list of all dates relevant to the question of limitation to be prepared and to include the same in the said paper book.

3. After filing the said memorandum of appeal the appellant on the application of the respondent by way of security for costs, gave an undertaking to the Appeal Court that the appellant would not deal with or dispose of her remaining 6½ annas share in the suit property which is alleged to have been purchased by the appellant in execution of the mortgage decree pending the final disposal of the appeal.

4. In compliance with the said third undertaking as enumerated above the appellant prepared and included a list of all dates relevant to the question of limitation in the paper book at page 2243 as follows:

Re: Decree dated 11th April, 1974

1. Date of furnishing requisition for drawing up of the decree...... 11-4-74.

2. Date of furnishing requisition for certified copy of the decree......

11-4-74

3. Draft decree received on

28-5-75.

4. Decree settled on

4-7-75.

5. Decree signed on

11-7-75.

6. Decree filed on

25-2-76.

7. Folios assessed on

1-3-76.

8. Stamp furnished on

1-3-76.

9. Certified copy of decree ready for delivery on 19-3-76.

10. Certified copy of decree filed before Appeal Section on. 24-3-76.

11. Memorandum of appeal filed in Court on. 2-8-74.

We do hereby certify that the above statement is correct. D.P. Sarvadhikary and Co. Attorney for the appellant".

5. On behalf of the respondent Monoharan Saha, Mr. P.K. Das learned Advocate contends that the decree was signed on July 11, 1975 but the same was not filed until February 25, 1976 i. e. after a lapse of more than 7 months in between the signing of the decree and the filing thereof. That being so, it is contended that the appellant has committed breach of the very first undertaking which was given to this Court on August 2, 1974 when the memorandum of appeal was allowed to be admitted without a certified copy of the said decree. In other words, the appellant had not filed the certified copy of the said decree within the period of limitation. In view of the fact that the appellant has committed breach of the undertaking or condition subject to which the above memorandum of appeal was admitted by the said order dated August 2,1974, there is no competent appeal which can be entertained by this Court and, accordingly, it is submitted that on this ground the leave granted admitting the memorandum of appeal without a certified copy of the decree, should be cancelled or revoked and/or the appeal should be dismissed on such ground and/ or on the ground that the appeal is barred by limitation. It is contended that unless this question is decided first, there will be great delay in the dispos