RAMPRAVESH SINGH Vs. MAHESH SINGH

JUDGEMENT

(1.) This is an application, under Section 5 of the Limitation Act, on behalf of the appellants, for condoning the delay in filing a copy of the judgment appealed from, after the appeal had become barred by time, and, to admit the appeal, which was invalidly presented within time, but was made competent after limitation had run out.

(2.) The appeal was filed on the 30th of June, 1959, accompanied by only a copy of the decree, but without a copy of the judgment appealed from, which was, however, subsequently filed on the 29th September, 1959, after the period of limitation for filing the appeal had already expired on the 12th of July, 1959.

(3.) The first question, therefore, is whether, in the circumstances, the appeal can be considered to fee a valid appeal?