RAM NARESH Vs. RAGHU

JUDGEMENT

(1.) IN , this second appeal, the report of the Stamp Reporter is that in view of late filing of the judgments of the Trial Court, the appeal has become time barred, by 36 days; and in this connection, he has placed reliance in Bhairon Ghulam v. Ram Autar Singh : AIR 1921 All 23. This, was a full Bench decision of this Court.

(2.) IT is noteworthy that the aforesaid Full Bench, while deciding the matter, considered Chapter 3 Rule 2 of the Rules made by the Allahabad High Court and Order 41 Rule 1, as amended by the Allahabad High Court. Chapter 3 Rule 2 as it was on 31st January, 1920, and, amendments incorporated till 1930, in the 'Rules of the High Court of Judicature at Allahabad, reads as under:

(3.) A perusal of the judgment in Bhairon Ghulam's case (supra) and rule. 2 of Chapter III of the then High Court Rule makes it clear that there was no discretion left with the Court if the certified copy of the judgments of the Courts below are not on record. However the aforesaid 'Proviso' to Rule 8 of Chapter IX of the Allahabad High Court Rules, 1952 empowers a Judge to dispense with a copy of the formal order, provided sufficient cause has been made out. Thus, if the Court is satisfied that there is sufficient ground for dispensing with the copy of judgment, the appeal may be entertained and filing of judgment may be disposed with.