HARPHUL Vs. LAKHPAT

JUDGEMENT

(1.) THE plaintiff appellant has filed this appeal against the judgment and decree dated 27-11-1978 passed by the Additional District Judge, Karnal.

(2.) IN this case, the plaintiff-appellant had filed an appeal against the judgment and decree dated 30 8-1975 passed by the Subordinate Judge 1st Class, Karnal, in the Court of Senior Subordinate Judge, Karnal. In that appeal, a preliminary objection was taken by the respondents counsel that the appeal was incompetent as the copies of judgment and decree appealed against did not bear any Court-fee. The plaintiff appellate thereupon made an application on 31 8 1978, seeking permission to make up the deficiency in the Court-fee. It was stated therein that on 23-8-1978 when the "appeal came up for hearing, the plaintiff appellant learnt that the certified copies of the judgment and decree were not properly stamped and that the omission was bona fide and unintentional The application filed by the plaintiff-appellant was opposed by the defendants-respondents.

(3.) BEFORE examining the contentions, some facts may be noticed. The appeal was presented for the first time in the Court of Senior Subordinate Judge, Karnal, exercising enhanced appellate powers, on 1-9-1973, which was ordered to be put up on 2-9-1975 with the office report. The Clerk of Court reported that tie copies of the judgment and decree were not attached and, consequently, the Court-fee could not be checked. The matter then came up before the Court on 2 9 1975 and the order shows that the learned counsel for the plaintiff appellant requested for an adjournment to produce the copies. The case was consequently adjourned to 15-9-1975 on which date, copies were filed and the appeal was ordered to be put up on 16 9-1975 with the office report. The Clerk of Court then reported that the Court-fee paid was correct.