of amendment of a decree, vis-a-vis the starting point of limitation for appeal is, which decree or order is carried to appeal. As per article 116 of the Limitation Act, 1963, the period of limitation for filing an appeal under the Code of Civil Procedure either to the High Court or to any other court commences from the date of decree or order. As per order XX, rule 7, CPC, the date of decree means the date when the judgment is pronounced and, therefore, for purpose of article 116 of the Limitation Act, crucial date from when the period of limitation starts is the date of judgment. Article 12 of the Limitation Act also gives the indication that in case of filing appeal, review or revision limitation runs from the date on which the judgment appealed against was pronounced. When the amendment of the decree under section 151 or 152, CPC is only to rectify some clerical or arithmetical error or to remove any ambiguity and in order to express the real intention of the decree, it is not difficult to understand that in such case limitation for filing appeal invariably starts from the date of original decree. Problem arises when substantial change is made in the decree by amendment. Whether substantial change in the decree by way of amendment under the power of correction emanating from section 151 or 152, CPC is permissible or not is altogether a different question, which is not an issue in the present case. Be that as it may, it may so happen, that a party may not be affected or aggrieved by a decree as it originally stood, but may be affected and aggrieved by the modified or amended decree. It is in this context only, the question arises as to from which date the limitation is to start for filing appeal, whether from the date of original decree or the amended decree.
