9911796707
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Issues:
1. Competency of the appeal due to lack of certified copy of the order appealed from. 2. Condonation of delay in filing the certified copy under Section 5 of the Limitation Act. Analysis: Competency of the Appeal: The judgment revolves around the appeal filed without a certified copy of the order under Section 47. The appellant argued that the determination under Section 47 should be considered a judgment, not a decree, as no formal decree was drawn up. However, the court disagreed, emphasizing that an order under Section 47 is considered a decree. The court highlighted the necessity of filing a certified copy of the decree with the memorandum of appeal, as per Order 41 Rule 1 of the Code. The court referenced previous rulings to support the requirement of attaching a certified copy of the order with the appeal, ultimately deeming the appeal defective and incompetent due to the absence of the requisite copy. Condonation of Delay: The appellant sought condonation of the delay in filing the certified copy under Section 5 of the Limitation Act. The court considered the circumstances leading to the delay, noting the appellant's repeated attempts to obtain the certified copy. It was revealed that the delay was primarily due to the negligence of the copying department, which supplied an incorrect copy initially. The court acknowledged the appellant's efforts to procure the correct copy and her lack of negligence in the delay. Despite discrepancies in statements, the court found the appellant's actions reasonable and bona fide. Consequently, the court exercised its discretion under Section 5 of the Limitation Act, condoning the delay and allowing the appeal. The High Court's dismissal of the appeal was set aside, and the case was remanded for further consideration without costs in the Supreme Court. In conclusion, the judgment clarifies the requirements for filing an appeal with a certified copy of the decree and highlights the principles governing the condonation of delays under the Limitation Act. The decision underscores the importance of procedural compliance while also considering the circumstances and actions of the parties involved in determining the outcome of the case.
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