VEERASWAMI, NATESAN
State of Madras – Appellant
Versus
Mohammad Sirajudeen – Respondent
VEERASWAMI, J :- The State filed a batch of appeals against different respondents but certified copies of a common judgment were produced only in one of the appeals and their production in each of the rest of the appeals in the batch was, by an order of this court, dispensed with. On the basis of the certified copies of the decrees filed in the appeals in which the production of the printed common judgment was dispensed with, those appeals are found to be out of time.
2. Learned Government Pleader argues that the endorsements on the printed copies of the common judgment produced in one of the appeals should be made use of in calculating time for filing appeals under S. 12(2) of the Limitation Act. We do not think that learned Government Pleader is right in his contention. Section 12(2) of the Limitation Act is explicit and clearly prescribes that in computing the period of limitation, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree should be excluded. In other words, for the purpose of limitation both the time factors will enter into the computation. Where under the rules, the production of a copy of the j
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.