GURMUKH SINGH Vs. SULAKHAN SINGH

JUDGEMENT

(1.) THIS is an appeal against the judgment of the District Judge, Amritsar dated 9.4.1983, by which the appeal was dismissed on the ground that certified copy of the decree-sheet was not filed at the time of filing of the appeal.

(2.) A perusal of the impugned judgment shows that Sub Judge, IInd Class, Amritsar decreed the suit of the plaintiff-respondents for joint possession of the suit land vide his judgment dated 13.12.1980. The defendants filed an appeal before the District Judge, Amritsar. However, the same was to be filed only with a certified copy of the judgment of the Sub Judge, IInd Class, Amritsar, but the copy of the decree-sheet was not filed along with the appeal. In fact, uncertified copy of the decree-sheet duly attested by an Advocate was filed along with the appeal. The certified copy of the decree- sheet was put in after the limitation was over. The District Judge, Amritsar vide his impugned judgment dismissed the appeal as no application for exemption from putting in certified copy of the decree-sheet was filed along with the appeal.

(3.) A perusal of the aforementioned proviso clearly shows that an appeal could be filed along with the a true copy, duly attested by an Advocate. It has been held in Iqbal Singh v. Sadhu Singh, 1983 PLR 321 that where certified copies of the judgment and decree along with memorandum of appeal are not filed, then the lower appellate Court should have allowed time on payment of costs instead of non-suiting the appellants straightaway. It has further been held by this Court in Maharshi Dayanand University v. Rajan Sahuja and others, 1996(3) RCR(Civil) 399 (P&H) : 1996 PLJ 108 that the filing of certified copy of the decree and judgment is not obsolete even without a typed copy of the order and the appellate Court is entitled to entertain the appeal and pass appropriate orders.