Sucha Singh and Others vs Smt. Jamna and Others

A.S. Nehra, J.—This appeal is directed against the judgment and decree dated 1-12-1978 passed by the Additional District Judge, Sirsa, by which the appeal filed by the plaintiffs-appellants was dismissed as barred by time.

The suit filed by the plaintiffs-appellants was dismissed by the trial Court on 11-10-1976. The appellants filed an application on 12-10-1976 for obtaining copies of the judgment and decree passed by the trial Court. The endorsement of the Copying Agency shows that the copies were prepared on 18-10 1976 and these copies were certified to be true copies on 25-10-1976 by one Mr. Bhatnagar who was authorized to do so. Therefore, the appeal of the appellants, which was filed before the lower appellate Court on 22-11-1976, was within time. Copies were prepared on 18-10-1976 but the same could not be supplied to the plaintiffs-appellants on 18-16-1976, because these copies have to be certified to be true copies by the person authorized to do so. Therefore, I hold that the appeal was filed within time by the plaintiffs- appellants in the Court of the Additional District Judge has erred in law in dismissing the appeal as barred by time.

In view of the above discussion, this appeal is allowed; the judgment and decree dated 1-12-1978 passed by the Additional District Judge, Sirsa, is set aside and the case is remanded to the Additional District Judge, Sirsa, for deciding the appeal on merits.

The parties through their counsel are directed to appear before the Additional District Judge, Sirsa, on 9-3-1992.