GURUDAYALSINGHMEHERSINGH BINDRA Vs. BASANTSINGHMEHERSINGH BINDRA

JUDGEMENT

(1.) BY this revision under Section 115 of the Code of Civil Procedure, petitioner/respondent in Regular Civil Appeal No. 42/2000 pending on the file of District Court, Aurangabad, takes an exception to the order dated 2-9-2000 passed by Extra Joint District Judge, Aurangabad, in the said matter.

(2.) ON 25-11-1971, respondent filed Special Civil Suit No. 50/1971 for partition and separate possession against present petitioner. The suit was decided by judgment and order dated 24-12-1999. The trial Court held that most of the claim of the respondent was false, vexatious and also awarded compensatory costs. However, claim was decreed to some minor extent.

(3.) IT appears that respondent presented appeal against the said judgment and decree, which is subsequently registered as Regular Civil Appeal No. 42/2000 to the registry of District Court on 31-1-2000. At that time, the appeal memo was tendered without being accompanied by certified copy of decree under challenge. On 25-2-2000, petitioner, who had filed caveat before the District Court, received notice of lodging of the appeal, who appeared and took an exception to the tenability of the appeal on the ground that it was mandatory to present the appeal along with certified copy of decree as required by Order 41, Rule 1 of the Code of Civil Procedure and since the appeal was presented without certified copy of decree, the same was not competent and deserved the fate of dismissal. These contentions of revision petitioner are turned down by the Extra Joint District Judge, Aurangabad, vide order dated 2-9-2000.