LAWS(ORI)-2008-12-66

JUBIDA BIBI Vs. RAFIQUE MOHAMMED

Decided On December 08, 2008
Jubida Bibi Appellant
V/S
Rafique Mohammed Respondents

JUDGEMENT

(1.) MISC . Case No. 55 of 2008 has been filed for taking certified copy of the Decree dated 14.02.1997 on record.

(2.) THE facts and the circumstances giving rise to this application are that the Appeal from High Court Order (AHO) has been preferred against the Judgment of the Learned Single Judge of this Court dated 4.12.1996 in F.A. No. 191 of 1980. The Appeal was admitted vide Order Dated 07.05.1998. Certified copy of the decree had not been filed at the time of filing of the appeal or even at the time of its admission. Hence this Misc. Case is filed on 01.12.2008 for taking certified copy of the decree on record as 'inadvertently' the decree could not be filed, though the decree had been drawn by the Court in the First Appeal on 14.02.1997.

(3.) ON the other hand Mr. A. Mukherjee, Learned Senior Counsel appearing for the Appellants has submitted that the cause of substantial justice should not be defeated on such technicality. Certified copy of the decree could not be filed 'inadvertently'. The delay has to be condoned for filing the same and the appeal is to be heard on merit.