JAGAT DHISH BHARGAVA vs JAWAHAR LAL BHARGAVA & OTHERS

The Supreme Court held that the appeal filed by the respondents was competent despite the absence of a certified copy of the decree at the time of filing, as the High Court allowed time for obtaining the decree. The Court emphasized that the negligence of the trial court and the High Court contributed to the situation, and under Section 12(2) of the Indian Limitation Act, the time taken to draw up the decree could be included in the limitation period. Consequently, the appeal was deemed to be filed within the prescribed time after the decree was obtained on December 23, 1959.