DOLIT SINGH PIARA SINGH Vs. SHAMSHER KAUR

JUDGEMENT

(1.) THIS judgment will dispose of reference made in Daljit Singh v. Sham Kaur, F. A. O. No. 31-M of 1965, by Kaushal, J. , on July 29, 1966, and an appeal under clause 10 of the Letters Patent. L. P. A. No. 263 of 1966, Radha v. Promodh sharma, against the judgment, dated August 1, 1966, of a learned Single Judge dismissing the appeal as incompetent on the ground that a copy of the decree-sheet had not been filed with the appeal within the period of limitation. The learned Judge following his own previous judgment in Shiv Ram v. Lilawati. F. A. O. No. 97-M of 1962, D/- 24-2-1966 (Punj ).

(2.) IN the first appeal, the appellant made a petition under Section 10 (1) (a) of the hindu Marriage Act, 1955 (Act 25 of 1955), for judicial separation from his wife, the respondent, but his petition was dismissed by the learned trial Judge on january 20, 1965. He then filed an appeal in this Court (F. A. O. No. 31-M of 1965) against the order of the trial Judge. When that appeal came for hearing before the learned Single Judge a preliminary objection was raised on behalf of the respondent that the appeal was not competent because it was not accompanied by a decree and the judgment of the Lower Court was not stamped with proper stamp.

(3.) IN the second appeal, the respondent made a petition under Section 12 of Act 25 of 1955 seeking a decree of nullity of marriage with the appellant. On March 6, 1955, the learned trial Judge made a decree in terms of Section 12 of the Act in his favour. Against that there was an appeal to this Court by the appellant which was dismissed on August 1, 1966, by the learned Single Judge on the ground that a copy of the decree was not filed with the appeal within time and so there was no competent appeal before him.