Explain the importance of 'time requisite for obtaining a copy' under Limitation Act, 1963 with the help of case law.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
Explain the importance of 'time requisite for obtaining a copy' under Limitation Act, 1963 with the help of case law.
Answer & Explanation:
The term "time requisite for obtaining a copy" means the time which is reasonably required for obtaining such a copy. On the explanation to Section 12 of the Limitation Act, 1963, the Supreme Court in the case of Udayan China Bhaiv. R.C. Bali, AIR 1977 SC 2319, held that by reading Section 12(2) of the Limitation Act, 1963 with explanation it is not possible to accept the submission that in computing the time requisite for obtaining copy of a decree by an application made after preparation of the decree, the time that elapsed between the pronouncement of the judgement and the signing of the decree should be excluded. However, the time taken by the Court to prepare the decree or order before an application for a copy is made shall not be excluded in computing the time for obtaining a copy of a decree or an order.
Topics: Limitation Act
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