The question of law that arises for consideration in this appeal is whether under S.12(2) of the Limitation Act, 1963 read with the explanation the appellant is entitled to exclude the time commencing from the date of judgment till signing of the decree prior to his application for a copy thereof in computing the period of limitation prescribed for filing the appeal.

2. The appellant State of Assam was a defendant in a suit filed by the plaintiff-respondent in the Court of the Munsiff No.1, Hailakandi. The suit was for realisation of an amount of Rs. 10,000/- being the value of the goods seized by the Superintendent of Supply, Hailakandi and also compensation for loss and expenditure incurred by him in defending criminal cases instituted against him in respect of the illegal seizure.

3. The case of the plaintiff-respondent, who is a grocer, was that he had a shop and godown wherein he stored 12 bags of Atta, 13 bags of Sugar, 1 bag of Moida (flour) and 5 bags of Suji. On 13-8-73 the defendant, Superintendent of Supply, Hailakandi, in his capacity as an official of the Government, seized the said commodities from the possession of the plaintiff for his alleged failure to di