Iqbal Singh vs Sadhu Singh etc.

M.R. Sharma, J.—The learned lower appellate Court hat dismissed the appeal filed by the appellant on the ground that the certified copies of the judgment and decree were not filed. I am somewhat allergic to this mode of disposal of appeals. Even if the appellant was not vigilant enough to have filed the certified copies along with the memorandum of appeal, the learned lower appellate court should have allowed him time on payment of costs instead of non-suiting him straightaway.

I, therefore, allow this appeal and allow the appellant to file certified copies of the judgment and decree on payment of Rs. 500./- as costs. The payment of costs shall be conditional. The certified copies shall be filed before the learned lower appellate Court within one month from today. On the certified copies being filed the learned lower appellate Court shall dispose of the appeal in accordance with law.

The parties through their learned counsel are directed to appear before the learned lower appellate Court on March 7, 1983.