REGHUNATHAN NAMBIAR Vs. JANU

JUDGEMENT

(1.) A plaintiff whose suit was dismissed in the court of the first instance filed an appeal under S.96 of the Code of Civil Procedure before the first appellate court. The appeal was accompanied by a certified copy of the decree appealed from and a certified copy of the judgment. An application was filed for time to produce the printed copy of the judgment of the court of first instance since under R.258 of the Civil Rules of Practice, the judgment of the Trial Court required to be printed. The appellate court granted the plaintiff time to produce the printed copy of the judgment and provisionally accepted the appeal filed by the plaintiff.

(2.) The plaintiff did not produce the printed copy of the judgment within the time granted. Consequently the appellate court on 16-3-1992 dismissed the appeal for default on the ground that the printed copy of the judgment was not produced.

(3.) The court of first instance had dismissed the suit of the plaintiff on 2-3-1991. The plaintiff had applied for the printed copy of the judgment and decree in addition to the certified copies produced with his earlier appeal A,S. 80 of 1991 which had been dismissed for default. On obtaining the printed copy of the judgment and the certified copy of the decree, the plaintiff filed a fresh appeal A.S. 48 of 1993 before the appellate court on 13-1-1993. That appeal was in time going by the printed copy of the judgment and the certified copy, of the decree that accompanied the Memorandum of Appeal. On 30-9-1993 the appellate court dismissed that appeal in its view that the appeal was not maintainable in view of the dismissal of the earlier appeal A.S. 80 of 1991 filed by the plaintiff and the remedy of the plaintiff lay in making an application for restoration of the appeal A.S. 80 of 1991 and to proceed with that appeal after producing therein the printed copy of the judgment. This dismissal of the appeal that was accompanied by the printed copy of the judgment as not maintainable is challenged by the plaintiff in this Second Appeal.