Party obtaining only one set of copies of judgment are entitled to deduction of time under section 12 of Limitation Act.

Ramamurti, J-In a batch of Land Acquisition cases, a common judgment was delivered by the trial Court. The State of Madras obtained 12 printed copies of judgment and filed an appeal which (for the sake of convenience) may be referred to as the main appeal. In the other appeals, the memorandum of appeal was accompanied only by a copy of the relevant decree along with a petition to dispense with the production of printed copies of judgement on the ground that in the main appeal, 12 printed copies had been filed. Along with this, a petition has also been filed, in each of these appeals, to excuse the delay, if any, in filing the appeals as they would be barred by limitation if the time taken for obtaining certified copies of the relevant decrees alone is taken into account under section 12 of the Limitation Act, hereinafter referred to as the Act. In all cases, where a common judgment is delivered disposing of a batch of cases, the practice of this Court has been to dispense with the production of the printed copies of the judgment in the rest of the appeals provided in one appeal the requisite number of printed copies of the common judgment are filed. Following this practice, we dispense with the production of the copies of the printed judgment in the present batch of appeals.

Mr. Sivamani learned Counsel for the respondent drew our attention to the decision of Byers, J., in Jami Kurmanus, In re1, in which the learned Judge after comparing the language of Order 41, rule 1, Civil Procedure Code and Order 41-A, rule (2) sub-rule (i) Civil Procedure Code held that in the case of appeals to the High Court, it has no power to dispense with the production of the copier of the judgment. Our attention was also drawn to the decision of Chandrasekhara Iyer, J., in Rayalla Ramappa, In re2, in which the learned Judge differing from Byers, J. held that the High Court has such a power. With respect we agree with the decision of chandrasekara Iyer, J. A reading of all the provisions of order 41-A, dealing with appeals to the High Court from the subordinate Courts shows that the provisions of Order 41 would undoubtedly apply to appeals in the High Court subject only to the modifications contained in Order 41-A. The provisions of Order 41-A, have to be necessarily read into and applied alone with the provisions of Order 41 and the provisions of Order 41-A, would prevail only to the limited extent to which there is a special provision. In other words, the procedural law governing appeals to the High Court is the combined operation of Order 41 and Order 41-A, the latter order prevailing only to the limited extent of a different specific provision. The provisions of Order 41-A cannot be applied in isolation. So far as the requirement of production of the copy of judgment is concerned, in the case of an appeal to the High Court, a memorandum, should be accompanied by printed copies and they should be twelve in number. It is only to this extent that there is a variation and in ether respects, the provision in order 41 would apply and this Court will have undoubted jurisdiction to dispense with the production of the copies of judgment in a proper case.

If a sub-Court or a District Court has jurisdiction and power to dispense with the production of a copy of the judgment in an appeal preferred to it, we do not find any reason why the High Court should be denied such a power, in the case of an appeal preferred to the High Court. The provision for dispensing with is specially provided in Order 41 rule 1, only because of the clear necessity felt for such a provision, as otherwise, serious hardship and injustice would arise. In innumerable cases, the appellant may not be in a position to file the copy of the judgment and unless such a power is reserved to Subordinate Courts, the right of appeal itself would become illusory and futile. It is obvious that the position must be the same with regard to appeals preferred to the High Court, and there is no basis t

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