The period of limitation for filing an appeal cannot be extended by the time taken to obtain certified copies or seek legal advice unless sufficient cause is provided.

Heard learned counsel, Mr. S Mahajan for the appellant petitioners and learned counsel, Mr. BN Majumdar for the respondentO.P.

2. By filing this petition, the petitioner prayed for condoning the delay of 115 days in preferring the connected second appeal.

3. It is submitted that the judgment of the first appellate court was pronounced on 28.03.2016 and the decree was prepared on 07.04.2016. The appellant-petitioners applied for certified copy of the judgment and decree on 04.04.2016 and got it on 10.05.2016. From 10.05.2016 to 24.06.2016 time was taken to obtain view of the learned conducting lawyer about filing of the appeal. Thereafter, the appellant-petitioners entrusted another learned counsel, Mr. A.L. Saha to conduct the case on 28.07.2016.

4. After going through the records, Mr. Saha found that some relevant records were not available and so again he instructed the appellant-petitioners to obtain certified copy of some records and accordingly an application was made for certified copy on 28.09.2016 and those were received on 24.11.2016 and thereby there was a total delay of 242 days from the date of judgment.

5. It is submitted by Mr. Mahajan that there was no negligence or inaction on the part of the appellant-petitioners. According to Mr. Mahajan, the limitation for filing a second appeal as prescribed by law is 90 days and for obtaining certified copy another 36 days, i.e. total 126 days will be excluded from the total period. He has also submitted that to obtain copies and to take the lawyers view the delay has been caused.

6. A written objection has been filed on behalf of the respondent-O.P. contending that the delay suffers from inaction, negligence and lack of bonafide. The appellant-Insurance Co. took its own time in a dilly dally manner and so the application seeking condonation shall be dismissed. It is submitted by Mr. Majumjdar that otherwise also the appeal has no merit since the appellant is a tenant and the respondentO.P is the owner of the land which has been decided by the trial court as well as by the appellate court.

7. I cannot agree with the submission of learned counsel, Mr. Mahajan that the petitioner will get advantage of both 90 days and the period spent for taking certified copy in addition thereto, and, thereby, it will extend the period of limitation to 126 days.

8. The period of 90 days limitation has been prescribed to file an appeal definitely taking into consideration the time to be taken for obtaining certified copy or for collecting any other document/material. These 90 days does not amount to enjoy as leisure by the parties to an appeal. 90 days limitation means the lis is to be filed within the period of 90 days. If that cannot be filed within 90 days, for exceeding the period of 90 days, the party defaulting has to explain the delay with sufficient reason.

9. One is expected to obtain the certified copy within the period of limitation itself. If someone applies for the certified copy within the period of limitation but does not get it or gets it after the expiry of the limitation period, he may file the appeal assigning the reason for delay. But if one applies within the period of limitation and gets it within the period of limitation, it is expected that he will be filing the appeal within the period of limitation itself. This period of getting certified copy will not enlarge the period of limitation by adding the period unless for the supply of certified copy it took time beyond the period of limitation prescribed by law.

10. Time is a determining factor for deciding any issue/dispute between the parties. By lapse of time a party loses his right to proceed against the other over a claim. A right accrues in favour of the other side as soon as the time prescribed by law expires. So law has prescribed that the delay should be explained with “sufficient cause”.

11. In the present case, the impugned judgment was passed on 28.03.2016. Application for certified copy was filed on 04.04.2016