VAIJAYANTHI Vs. MARY

JUDGEMENT

(1.) Plaintiffs 3, 4 and 6 are the legal representatives of deceased plaintiffs 2 and 5 in a suit for permanent prohibitory injunction which was dismissed by the Trial Court are the appellants in this Second Appeal. An appeal was filed before the Sub Court, Hosdrug against the decree and judgment of the Trial Court on 21.11.1992 which was registered with that Court as A.S.No.35 of 1992. The appeal was found to be in order by the Registry and hence the same was placed on the judicial side for admission. Alongwith the appeal, the appellants produced certified copy of the decree and certified copy of the judgment of the Trial Court. Printed copy of the judgment of Trial Court which was necessary in view of the number of words contained in the judgment as per R.258 of the Civil Rules of Practice was not produced alongwith the appeal memo. Instead, I.A.874 of 1992 was filed by the appellants for dispensing with production of the printed judgment. The appeal was admitted after hearing under Order XLI R.11 C.P.C. and notice was issued to the respondents. Records were called for and the appeal was, after several postings, that too after several years, taken up for final hearing, During hearing it was pointed out on behalf of the respondents that the appeal is barred by limitation since the appeal had been filed beyond the period of 30 days if the period of limitation was computed on the basis of the printed copy of the judgment which was produced on 22.1.1993.

(2.) When this Second Appeal came up for admission, this Court ordered urgent notice before admission. Service of notice to respondents was completed on 5.8.2003 and lower courts records were called for and the records are now available.

(3.) Heard Shri K.G. Gowri Shankar Rai, learned counsel for the appellants and Senior Advocate Shri. P.N.K. Achan for contesting respondents 1 and 2.