AIR 1969 KERALA 183 ::1968 Ker LT 969 ::1968 Ker LJ 789 ::ILR (1969) 1 Ker 69

Kerala High Court

Hon'ble Judge(s): T. S. Krishnamoorthy Iyer , J

Limitation Act (9 of 1908) , Art.156, S.5— Civil P.C. (5 of 1908) , S.151, S.152, O.20 R.7— Amendment of decree trader S.151, S.152, C.P.C. - Time under Art.156 does not ran from date of amendment even if appeal is against amended portion - Delay may at best be excused u/S.5 of Limitation Act. When a decree is amended under Section 151 or 152 of the Civil P. C. (1908), time does not run from the date of amendment for filing the appeal. Under Article 156 of the Limitation Act IX of (1908), or under Article 116 of the Limitation Act 1963 the period of limitation for filing an appeal in the High Court commences from the date of the decree or order. Order 20. Rule 7 of the Code of Civil Procedure provides that "the decree shall bear date the day on which the judgment was pronounced". The date of the decree is therefore the date of the judgment whatever may be the date on which the decree is signed by the Judge. Any amendment made in a decree must relate back to the date of the decree. There is no decree bearing the date on which it is amended. The amendment of a decree under Section 151 or 152, C P. C. does not bring about any change in the date of the decree and the time for filing an appeal against the decree therefore runs from the date of the decree and not from the date on which it is amended. Even if the appeal is against that portion of the decree that is....