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september 1977

Supreme Court of India · 1977-09-22

UDAYAN CHINUBHAI vs R. C. BALI

Citation / case number
SC 1977/61844
Court
Supreme Court of India
Petitioner
UDAYAN CHINUBHAI
Respondent
R. C. BALI
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court held that under Section 12(2) of the Limitation Act, 1963, the time taken for obtaining a certified copy of a decree does not exclude the period between the judgment and the signing of the decree if the application for the copy is made after the decree is prepared. The Court overruled the Bombay High Court's decision in Subhash Ganpatrao Buty, clarifying that the delay in filing the appeal was not justified as the appeal was time-barred when counted from the date of the judgment. The Court emphasized that if a decree cannot be prepared due to noncompliance with judgment directions, the situation may differ regarding limitation calculations.

UDAYAN CHINUBHAI vs R. C. BALI · Niyam