SATHISH KANNAN Vs. R.BHAVANI

JUDGEMENT

(1.) According to the petitioner, the respondents filed O.S. No.19 of 2004 before the Additional District Munsif, Cuddalore against the petitioner for declaration of title and permanent injunction. The petitioner filed counter claim. By a common judgment and decree dated 13.8.2013, the suit was decreed and the counter claim was dismissed. The petitioner has filed A.S. No.53 of 2013 challenging the judgment and decree in counter claim and A.S. No.54 of 2013 against the judgment and decree in the suit. Both the appeals were partly allowed. As against the Judgment and decree passed in A.S. No.53 of 2013, the petitioner has filed the Second Appeal before this Court. Since the petitioner failed to get the certified copy of the decree in A.S. No.53 of 2013, the petitioner has filed the present petition to dispense with the filing of the certified copy of the decree passed in A.S. No.53 of 2013.

(2.) The learned counsel for the petitioner relied upon the decision rendered by the Division Bench of this Court in A.S.SR No.7543 of 2016 and M.P.SR No.7545 of 2016, dated 4.2016 wherein the Division Bench of this Court considered the maintainability of the appeal filed for numbering the appeal under Order XLI Rule 1 of C.P.C. The relevant portion of the order reads as follows:

(3.) According to the petitioner/appellant, as per the provisions of the Code, Memorandum of Grounds shall be accompanied by a copy of the Judgment. Hence, the Registry cannot insist upon filing the certified copy of decree in the appeal, by virtue of Code of Civil Procedure (Amendment) Act 46 of 1999, dated 1.7.2002.