Appeal filed defective in court
VISHNU
(Querist) 19 August 2011
This query is : Resolved
Dear sir
Thanks very much to all the Ld experts who have already answered the query but as the critical query was not properly understood and answered thus query again submitted please
1. Mr x Filed an appeal in court WITHOUT attaching original copy of judgment but attached zerox copy of judgment and he has not taken permission to file zerox copy.
(a) Registry overlooked and passed the appeal for hearing and one year passed.
(b) The appellant had already obtained certified copy of Judgment before filing of instant appeal, but not filed.
(c) The appellant has not taken permission from court to file zerox copy as
he had already CTC Copy of judement.
(d) The appeal is already time bar (30 days)when filed in court along with con donation of delay application.
(e) Appellant filed CTC copy of judgment after one year after objection by other party.
Query : In this time barred case, how to count limitation when at the time of filing of appeal the appeal was no appeal in the eyes of law as it was not properly instituted (CTC judgment not filed), as per HIGH COURT Mandatory rules to file Certified copy of judgment unless dispense with by permission of court.
Effect on the maintainability of time bar appeal where there is no explanation on record for delay in filing of certified copy of judgment.
Is appellant has to explain delay up to filing of CTC of judgment?
Kindly comments by Case law please
M V Gupta
(Expert) 20 August 2011
Even now u can file the certified copy with a memo duly served on the opposite parties. Several times when the certified copy is delayed in being issued Appeals are filed to save the limitation, with an undertaking to file the certified copy as soon as the same is issued. Of course an application is filed for the purpose. But the defect is curable.
VISHNU
(Querist) 24 August 2011
Mr Mv Gupta
Thanks for reply, but the reply is suitable in this case, because in this query the certified copy of order was available with counsel at the time of filing of appeal but carelessly he did not file with appeal he filed late after long one year after raising objection by opp. party. Hence reply not suitable and not considered
prabhakar singh
(Expert) 24 August 2011
i answered you,but you are not satisfied.you have a right to prob continue but all will emerge as anticipated by me,only courts opinion is now your need.
VISHNU
(Querist) 22 October 2011
Sir
we extend thanks to Mr Prabhakar and Mr MV Gupta who deeply pointed their opinion.
We shall update what exactly cOURT ORDERS IN THIS TYPES OF CASES
