JAWHAR LAL BHARGAVA Vs. JAGATHDHISH BHARGAVA

JUDGEMENT

(1.) This is an appeal by the plaintiff's against the dismissal of the suit for specific performance of a contract of sale. The preliminary objection that has been raised is that there is no proper appeal since along with the Memorandum of Appeal only a copy of the judgment of the lower Court has been filed and no copy of the decree.

(2.) It appears from the record of the lower Court that in fact no decree was ever drawn up in accordance with the provisions of O. XX, R. 6, Civil Procedure Code. All that seems to hav been done in this direction at all was that a table of the costs of the parties in the suit was drawn up on the back of the last page of the judgment of the lower Court, and the copy of the judgment which has been filed contained this table on the same sheet as the last part of the judgment.

(3.) When the appeal was originally filed on the 29-7-1954 it was returned by the Assistant Registrar on three technical grounds the first of which was that a copy of the decree sheet had not been filed. The notes on the back sheet of the Memorandum of Appeal show that it was re-filed on the 16th of August 1954 with a notice by Mr. Daya Ram Advocate that only a Memo of Costs had been prepared by the Lower Court. It seems that no further objection was raised by the Assistant Registrar and the appeal was put up for admission and was ordered by Dulat J. to be admitted on 30-8-1954.