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.