SAO No.35 of 2006 -1 - IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH SAO No.35 of 2006 (O&M) Date of Decision : 12.2.2009 Gurdwara Singh Sabha and another ..Appellants. Vs. Mahant Attar Dass (since deceased) through LRs and others ..Respondents. CORAM : HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.K.S.Rekhi, Advocate for the appellants. Mr.S.K.Mahajan, Advocate for respondent No.1. RAKESH KUMAR JAIN, J.(ORAL) CM Nos.22603 and 22604-CII of 2006 stand dismissed as not pressed. Learned counsel for the appellant has argued that the appeal was dismissed in default on 25.2.2004. An application for obtaining certified copy was filed on 27.2.2004 which was supplied to him by the Court on 17.3.2004. Thereafter, application under Order 41 Rule 19 CPC was filed for restoration of the appeal on 3.4.2004. Learned counsel for the appellant further submits that period spent in obtaining certified copy shall have to be excluded while counting the period of limitation as provided under Section 12 (2) of the Limitation Act, 1963 (for short `the Act'). On the other hand, learned counsel for respondent No.1 has argued that limitation to file an application for restoration of appeal is 30 SAO No.35 of 2006 -2 - days as provided under Article 122 of the Act and period of limitation starts running from the date of dismissal. After hearing learned counsel for the parties, I am of the view that impugned order passed by the Court below rejecting the application for restoration, is unsustainable because the period spent by the appellant in procuring certified copy of the order against which application was to be filed, is excluded in view of Section 12 (2) of the Act, therefore, the application filed by the appellant was within the period of limitation. In view of the above discussion, order dated 12.8.2006 passed by the Additional District Judge, Amritsar is set aside. Consequently, the appeal is restored. The matter is remanded back to the learned Additional District Judge, Amritsar to decide the appeal on merits. No costs. (Rakesh Kumar Jain) 12.2.2009 Judge Meenu