CHINTAMANI MALLIK Vs. KHETRAMANI DIBYA

JUDGEMENT

(1.) Defendant's appeal in the court of the District Judge, Balasore, having been dismissed as barred by limitation, the order is challenged in this civil revision.

(2.) Originally a Miscellaneous Appeal was filed by the petitioner which was converted to Second Appeal on prayer and lastly by order of the Court the same has been converted to Civil Revision in view of the decision of the Full Bench of this court reported in (1984) 58 Cut LT 248 (Ainthu Charan Parida v. Sitaram Jayanarayan Firm).

(3.) Having lost in the trial court, defendant filed an application under O.44, R.1, C.P.C. accompanied by the memorandum of appeal which was presented before the Registrar of the court of District Judge on 4-10-1982 and was registered as Misc. Case No. 117 of 1982. While the matter was being examined by the office, an application was filed on 14-12-1982. Accepting the application wrongly presented before the Registrar, the learned District Judge made endorsement about the registration and the application was registered as Misc. Case No. 145 of 1982. This application was sent for enquiry to the court of Munsif, Balasore. The learned Munsif issued notice to the parties and after enquiry submitted his report on the basis of which the application was allowed on 11-2-1983 and the appeal was registered as Misc. Appeal No. 12 of 1983. In the meantime the certified copy obtained earlier was filed on 22-12-1982.