The main legal point established in the judgment is that the time taken by the court to prepare the decree must be included in computing the time requisite for obtaining a copy of the decree under Section 12 of the Limitation Act, 1963.

1. The appeal is from the judgment in A. S. No. 115 of 1971 of the Sub Court of Mavelikara dated 13-12-74. In accordance with the provisions in R.7 of Order XX of the Code of Civil Procedure the date of judgment will be the date of decree. The decree in the case was admittedly prepared and got ready only on 7-6-75. There is not even any suggestion that the delay in preparing the decree was due to any fault on the part of the appellant. The appellant applied for copies of the judgment and decree on 4-6-75. The copies were ready on 9-9-75 and they were received by the appellant on 16-9-75. The appeal was filed on 30-9-75.

2. Though the petitioner has prayed for condonation of delay of 17 days in preferring the appeal before this court, at the time the case was heard it was urged that on a correct interpretation of S 12 of the Limitation Act, 1963, there was no delay at all in preferring the second appeal. That section is in these terms:

"12. (1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded.

(2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded.

(3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment on which the decree or order is founded shall also be excluded

(4) In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.

Explanation. In computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for a copy thereof is made shall not be excluded".

3. Excepting for certain minor changes, which are not important for the purpose of disposing of this petition, the main difference between S.12 of the Indian Limitation Act, 1908, and the present section, is the addition of the explanation to the section.

4. Even before the Limitation Act 1963 was enacted, the High Courts of India were sharply divided on the question whether the period taken by the court in preparing the decree could be excluded under S.12(2) of the Limitation Act 1908. for the purpose of computing the period of limitation for an appeal. In dealing with the sub-section the courts seem to have considered whether the period taken in drawing up the decree would form part of the requisite period for obtaining a copy of the decree. The Bombay, Calcutta and Patna High Courts came to the conclusion that the period taken in drawing up of the decree would form part of the time requisite for obtaining a copy of the decree. The other High Courts however took a contrary view. The Law Commission considered this conflict of judicial opinion and in their Third Report they suggested as follows:

"Some courts have taken the view that the delay in drafting the decree before an application for a copy is made should be deducted as 'time requisite'. But we think that a delay of the Office before the application for a copy is made should not count in favour of the party. A suitable provision should be added to make this clear."

5. The legislative change by the introduction of the explanation was explained officially in the following manner:

"At the end of sub-section (4) a new Explanation has been added. The Explanation says that the time taken by the Court in preparing the decree or order from which appeal is to be filed shall not be excluded if the application for the copy thereof is made after the preparation of the decree or order in computing the