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january 1968

Supreme Court of India · 1968-01-30

STATE OF UTTAR PRADESH vs MAHARAJ NARAIN AND OTHERS

Citation / case number
SC 1965/144
Court
Supreme Court of India
Petitioner
STATE OF UTTAR PRADESH
Respondent
MAHARAJ NARAIN AND OTHERS
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court clarified the interpretation of 'time requisite' under Section 12(2) of the Limitation Act, 1908, stating that it refers to the actual time taken to obtain a copy of the order appealed from, rather than a minimum time. The Court held that the appellant is entitled to deduct the entire time taken for obtaining the copy from the limitation period, thus overruling the High Court's dismissal of the appeal as time-barred. The judgment emphasized that the appellant is not obligated to apply promptly for a copy.

STATE OF UTTAR PRADESH vs MAHARAJ NARAIN AND OTHERS · Niyam