ABBURI NARASIMHA RAO Vs. MUKKAMALA SEETHARAMAN JANEYULU

JUDGEMENT

(1.) This is an appeal under Clause 15 of the Letters Patent against the order of the learned Single Judge in A.S, No. 1302 of 1981.

(2.) The learned Counsel for the respondents raised a preliminary objection that the appeal is barred by limitation. We therefore, propose to consider this objection first.

(3.) The L.P.A. is filed enclosing a carbon copy of the order under appeal. As per the Rules and the procedure, the appeal should be accompanied by a certified copy which contains the date on which application for copy was made, the date on which stamps were called for.the date on which stamps were deposited and the date on which the copy was made ready and the date on which the copy was received by the Advocate. Now it is held that an appeal can be filed even with a carbon copy of the judgment. The carbon copy filed in this case mentions three days namely, that the copy R-25 application was made on 27-4-1988, the order was despatched to the lower Court on 22-9-1988 and the copy was delivered on 22-9-1988. The appeal was filed within 30 days from 22-9-1988. The learned Counsel for the respondents contends that the copy was made ready much earlier i.e., on 18-6-1988 and notice was affixed on the notice board on 20-6-1988 intimating the parties that the carbon copies were made ready and the Respondent took delivery of the carbon copy on 20-6-1988. Hence limitation of 30 days begins to run from that date and the appeal filed on 7-10-1988 is time barred.