- (1.)The substantial question of law which arises for consideration, as formulated in the appeal memorandum, is "whether the period between the date fixed for the payment of printing charges and the date on which the printing charges are paid can be considered as time requisite for obtaining the certified copy in a case where the copy application was dismissed for default but later on restored to file".
(2.)Appellant is the plaintiff in a suit to set aside attachment of movables and for injunction. The suit was dismissed by the Trial Court. The application for issue of a certified copy of the judgment and decree was dismissed for non payment of printing charges and non production of stamp papers. The copy application was subsequently restored to file. On the basis of the copies obtained an appeal was presented before Additional District Court, Mavelikara as A.S. No. 25/81. the lower appellate court felt that the appeal was presented beyond the period of limitation. A petition was therefore filed by the appellant as I.A. 57/81 requesting an order that the appeal may be found and not barred by limitation. The court dismissed that petition finding that there is no valid reason to condone the delay in filing the appeal and in consequence the appeal was also dismissed as one filed out of time. Hence the second appeal.
(3.)Heard counsel on both sides.
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