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2008 Supreme(UK) 477

V.K.GUPTA
SHASHI BAKSHI – Appellant
Versus
KAMLA DEVI JAIN – Respondent


Advocates:
For the Petitioners: Mr. Alok Singh, Sr. Adv. with Mr. D. Barthwal, Adv.
For the Respondent No. 1: Mr. V.K. Kohli, Sr. Adv. with Mr. B.P.S. Mer. Adv.

JUDGMENT

Hon’ble V.K. Gupta, C.J.

With the consent of the learned counsel for the parties, this petition is taken up today for hearing and final disposal.

2. A very short question is involved for consideration in this case and the question is whether for computing the period of limitation for filing an appeal, the date of knowledge of the passing of the decree is relevant or the date of the decree is relevant. In other words, does the limitation start running, for filing an appeal against a decree in an appellate court, from the date of the passing of the decree or the date when the appellant obtained the knowledge about the passing of the decree?

3. The learned District Judge, in the impugned judgment, has taken a view that the limitation starts running from the date of the knowledge. The decree, impugned in the appeal, was passed on 7th August, 2007 and the appeal against the same was filed before the learned District Judge on 19th March, 2008 accompanied by an application for condonation of delay under Section 5 of the Limitation Act. In the Application, the appellant had pleaded that there was only 4 days’ delay in filing of the appeal because, according to the appellant, she h















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