UNION OF INDIA Vs. M M ANAND

JUDGEMENT

(1.) This order shall dispose of the question of limitation in filing this appeal as also 26 other similar appeals which have all arisen out of the same award dated 21st May, 1986 made by Shri P. K. Bahri, then Additional District and Sessions Judge, Delhi, in his capacity as Arbitrator under Section 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (Act 30 of 1952). Under Section 11 of the said Act any person aggrieved by such an award is entitled to prefer an appeal against the same to the High Court within 30 days from the date of the award.

(2.) When the appeal was filed on 8th July, 1986 the memorandum of appeal was not accompanied by a certified copy of the judgment contained in the said award. The ordinary copy of the award was, however, filed along with the memorandum of appeal but the endorsement of 'true copy' on that copy was made by Shri Rattan Lal Advocate counsel for the appellant only subsequently much later on 30th October, 1986. Order 41, Rule 1 of the Code of Civil Procedure reads as follows :

(3.) No application for the exemption of filing certified copy of the award was made by the appellant along with the memorandum of appeal or soon thereafter but was filed only as late as 18th November, 1986 even though that application is dated 11th November, 1986.