Jyotindra Nath Sarkar and Others vs The Lodna Colliery Co.

In our opinion both the questions submitted for determination to this Bench should be answered in the negative. We are agreed that the time requisite for obtaining a copy of the decree within the meaning of Section 12 of the Limitation Act does not begin until the actual application for a copy has been made, and further that, if the appellant does not apply for copies until after the expiration of the period prescribed by the Articles in the Limitation Act, provided copies were obtainable within that period, be is not entitled to deduct the time between the actual signing of the decree and the delivery of the judgment.

In the particular case before us, however, it appears that, under the ruling of the Full Bench of the Court in Bam Asray Singh v, Sheonandan Singh (l), it had been decided that the period of limitation should be calculated from the date on which the decree was actually signed. That practice has been fallowed until quite recently and, therefore, the applicant asks us to exercise our powers u/s 5 of the Limitation Act and to extend the period in the particular circumstances of the case. He was in. fact about a fortnight late in making his application for the copies and we think that he was misled by the practice followed in accordance with the judgment of, the Full Bench of this Court and, therefore, that we ought to extend the period in the particular circumstances of the ease.

With regard to the costs of the application the applicant has lost on the main point but be has succeeded upon his application u/s 5. We think, in the circumstances, that the justice of the case would be met by saying that there will be no order as to costs, each party bearing his own costs of this application.