JAGAT DHISH BHARGAVA Vs. JALWAHAR LAL BHARGAVA
LAWS(SC)-1960-12-43
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on December 05,1960

JAGAT DHISH BHARGAVA Appellant
VERSUS
JALWAHAR LAL BHARGAVA Respondents


Referred Judgements :-

MT. JEEWNI V. MT. MISRI [RELIED ON]
MANOHAR LAL V. NANAK CHAND [RELIED ON]
GELA RAM V. GANGA RAM [RELIED ON]
MUNICIPAL COMMITTEE CHINIOT V. BASHI RAM [RELIED ON]
SHER MUHAMMAD V. MUHAMMAD KHAN [RELIED ON]
MUBARAK ALI SHAH V. SECY. OF STATE [RELIED ON]
BANWARI LAL V. AMRIT SAGAR [RELIED ON]
NUR DIN V. SECY. OF STATE [RELIED ON]
HAKAM BEG V. RAHIM SHAH [RELIED ON]
GOKUL PRASAD V. KUNWAR BAHADUR [RELIED ON]
JAYASHANKAR MULSHANKAR VS. MAYABHAI LALBHAI [RELIED ON]
GABRIEL CHRISTIAN VS. CHANDRA MOHAN MISSIR [RELIED ON]
UMDA VS. RUPCHAND [RELIED ON]



Cited Judgements :-

MUNICIPAL CORPORATION OF DELHI VS. MOTI LAL [LAWS(DLH)-1965-10-4] [REFERRED 6.]
PARSIDH NARAIN RAI VS. DEPUTY DIRECTOR OF CONSOLIDATION, AZAMGARH AND OTHERS [LAWS(ALL)-1979-4-76] [REFERRED TO]
MOOL CHAND VS. VISHALA DEVI [LAWS(ALL)-1966-7-10] [REFERRED TO]
J K MANUFACTURERS LTD VS. SALES TAX OFFICER SECTOR II KANPUR [LAWS(ALL)-1969-8-3] [REFERRED TO]
IRAPPA BASAPPA KUDACHI VS. STATE OF KARNATAKA [LAWS(KAR)-1995-7-56] [FOLLOW ON ,FOLL.; 4.]
SETH GIRDHARI LAL VS. SETH GAJA NAND [LAWS(DLH)-1973-11-29] [REFERRED]
BANSI DHAR VS. BAJRANG LAL MAHABIR PERSHAD [LAWS(DLH)-1975-7-10] [REFERRED]
KANJI HIRAJIBHAI GONDALIA MANAGER VAHIVATKARTA OF THE PREMISES BELONGING TO SHRI RAJKOT HALARI VANAND COMMUNITY RAJKOT VS. JIVRAJ DHARAMSHI [LAWS(GJH)-1974-9-4] [REFERRED TO]
MOTI RAM VS. NIRANDER KUMAR [LAWS(J&K)-1984-5-4] [REFERRED TO]
SUNITHA VS. RANJU [LAWS(KER)-2014-10-283] [REFERRED TO]
SUBRAMANIA VISHWANATH PILLAI VS. INDO WORLD TRADING CO LTD [LAWS(CAL)-1964-9-5] [REFERRED TO]
DULAL CHANDRA SEN VS. DULAL CHANDRA DAS [LAWS(CAL)-1965-5-34] [REFERRED]
UNION OF INDIA VS. MAKHANLAL DEY [LAWS(CAL)-1967-6-34] [REFERRED TO]
ADWAITYA KR MAITY VS. PRESIDENT W B BOARD OR SECONDARY EDUCATION [LAWS(CAL)-1967-6-36] [REFERRED]
DHARAMPAL VS. RAM JAWARI [LAWS(P&H)-2010-3-104] [REFERRED TO]
VIMAL DEVI VS. HARI SINGH [LAWS(RAJ)-2002-7-14] [REFERRED TO]
STATE OF RAJASTHAN AND ANOTHER VS. RAGHUVEER SINGH [LAWS(RAJ)-1995-12-20] [REFERRED TO]
ASSA RAM VS. SUGNA [LAWS(P&H)-1992-5-27] [REFERRED TO]
HARISHCHANDER SINGH VS. REGIONAL TRANSPORT AUTHORITY [LAWS(RAJ)-1968-8-9] [REFERRED TO]
KANAKKARI SERVICE CO OP BANK LTD VS. DY LABOUR COMMR [LAWS(KER)-1996-3-80] [REFERRED TO]
MAN GAT RAI VS. VED PARKASH [LAWS(P&H)-1968-8-36] [REFERRED TO]
RAGHBIR SINGH VS. SHAMBU DATT AND ORS. [LAWS(P&H)-1963-12-34] [REFERRED TO]
PASSANG LEPCHA VS. SANEY TSHERING LEPCHA [LAWS(SIK)-2014-2-4] [REFERRED TO]
SHYAMA CHARAN AUDDY VS. BIMALA BALA SEN [LAWS(CAL)-1992-4-6] [REFERRED TO]
HUNGERFORD INVESTMENT TRUST LTD. VS. TURNER, MORRISON CO. LTD. [LAWS(CAL)-1994-2-39] [REFERRED TO]
DAISY MANTOSH VS. NEMCHAND SARAOGI [LAWS(CAL)-2001-1-17] [REFERRED TO]
H RAGHAVENDRACHAR VS. REGISTRAR KARNATAKA UNIVERSITY DHARWAD [LAWS(KAR)-1994-7-50] [REFERRED TO]
RAJIV LOCHAN PANDEY VS. MADAN GOPAL SHARMA [LAWS(ALL)-1988-10-37] [FOLLOWED ON]
OM PRAKASH SHARMA AND ORS. VS. U.P. AWAS AVAM VIKAS PARISHAD AND ORS. [LAWS(ALL)-2001-1-134] [REFERRED TO]
SHAHJAHAN BEGUM VS. ZAHIRUL HASAN [LAWS(ALL)-1972-2-3] [REFERRED TO]
KASHIRAM WAMAN THOTAM VS. SONU GANU THOTAM [LAWS(BOM)-1978-7-30] [REFERRED TO]
BHAGIRATHI PADHAN VS. ACHUTA PADHAN [LAWS(ORI)-1964-12-11] [REFERRED TO]
VEERA DEVI VS. STATE OF J&K [LAWS(J&K)-1972-7-9] [REFERRED TO]
DEVKISHAN FATEHCHAND VS. BAI MARIAMBAI WD O HAJI GAFFAR [LAWS(GJH)-1963-1-9] [REFERRED]
KIZHAKKEKARA THOMAS VS. STATE OF KERALA [LAWS(KER)-2011-8-110] [REFERRED TO]
BABU SINGH VS. M C ROPAR [LAWS(P&H)-1999-3-124] [REFERRED]
LABHMAL VS. LALCHAND [LAWS(RAJ)-1971-5-7] [REFERRED TO]
M RAMNARAIN PRIVATE LIMITED VS. STATE TRADING CORPORATION OF INDIA LIMITED [LAWS(SC)-1983-5-24] [RELIED ON]
THAYOOB SAIT VS. AYYAPPAN [LAWS(KER)-1963-1-22] [REFERRED TO]
MAYA DEVI VS. M K KRISHNA BHATTATHIRI [LAWS(KER)-1981-1-16] [REFERRED TO]
AMAR NATH SITA RAM VS. BRIJ BHUSHAN MADHUSUDAN LAL [LAWS(P&H)-1963-12-9] [REFERRED TO]
DALJIT SINGH VS. SMT. SHAMSHER KAUR [LAWS(P&H)-1966-7-12] [REFERRED TO]
DOLIT SINGH PIARA SINGH VS. SHAMSHER KAUR [LAWS(P&H)-1968-4-9] [REFERRED TO]
BUDHULAL KASTURCHAND VS. CHHOTELAL [LAWS(MPH)-1976-8-4] [REFERRED TO]
RUKMINI KUMARI VS. RAM SHANKAR SAH [LAWS(PAT)-1973-2-14] [REFERRED TO]
KASU BRAHMANANDA REDDY VS. MEMBER ELECTION TRIBUNAL HYDERABAD [LAWS(APH)-1963-4-6] [REFERRED TO]
SUDHIR KUMAR BANERJEE VS. TUKVAR COMPANY LTD [LAWS(CAL)-1977-10-13] [REFERRED]
NATIONAL INSURANCE CO LTD VS. MEGHALAYA PLYWOODS LTD [LAWS(GAU)-2002-4-37] [REFERRED TO]
STATE VS. NAGAPPA [LAWS(KAR)-1985-6-22] [REFERRED TO]
PRAJAPATI CHAKU VIRJI VS. PATEL AMBA GANPATRAM [LAWS(GJH)-1970-11-14] [REFERRED]
MOOL CHAND VS. SMT. VISHALA DEVI [LAWS(ALL)-1966-11-29] [REFERRED TO]
P L DUA VS. HARDUTT SHARMA [LAWS(J&K)-1986-5-11] [REFERRED TO]
STATE FINANCIAL CORP J&K VS. BALWANT SINGH [LAWS(J&K)-2007-9-33] [REFERRED TO]
NILIMA KISHORE MHASKE VS. KISHORE A MHASKE [LAWS(BOM)-2002-4-17] [REFERRED TO]
K R LAKSHMAN VS. STATE OF KARNATAKA [LAWS(KAR)-1995-4-8] [REFERRED TO]
K ALAGAPPAN PADAYATCHI VS. V ALAGAPPAN PADAYATCHI [LAWS(MAD)-1997-10-23] [REFERRED TO]
Airport Director International Airport Authority of India VS. State of Tamil Nadu [LAWS(MAD)-2005-4-178] [REFERRED TO]
MALIK CHAND VS. ZUBEDA BEGUM [LAWS(DLH)-1974-1-8] [REFERRED]
SANDHYA RANI SARKAR VS. SUDHA RANI DEBI [LAWS(SC)-1978-2-3] [REFERRED TO]
BHARAT KHANDASARI UDYOG VS. KHANDASARI INSPECTOR ROORKEE WEST CIRCLE [LAWS(SC)-1991-9-51] [REFERRED TO]
NYAMAT KHAN AND OTHERS VS. HABIB KHAN AND OTHERS [LAWS(MPH)-2013-4-280] [REFERRED]
NATIONAL HOUSING CO-OPERATIVE SOCIETY LTD. VS. THE STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2010-8-201] [REFERRED TO]
MOTI LAL VS. ONKAR [LAWS(RAJ)-1964-11-6] [REFERRED TO]
KUNHAPPAN VS. STATE OF KERALA [LAWS(KER)-1968-7-29] [REFERRED TO]
T.V. KUNHAPPAN VS. THE STATE OF KERALA [LAWS(KER)-1969-7-35] [REFERRED TO]
PADMAVATHI VS. KALU [LAWS(KER)-1980-2-20] [REFERRED TO]
MAYIMU ALIAS BAMBATHI BIBI VS. CHARIYA MALIYAMMAL MAYIMU [LAWS(KER)-1967-10-15] [REFERRED TO]
M P STATE COOPERATIVE LAND DEVELOPMENT BANK LTD VS. J L CHOUKSEY [LAWS(MPH)-1979-1-3] [REFERRED TO]
STATE OF MADHYA PRADESH VS. PRADEEP KUMAR [LAWS(KER)-2000-9-7] [REFERRED TO]
MAHESH PRASAD SINHA VS. MANJAY LAL [LAWS(PAT)-1963-8-19] [REFERRED TO]
ANNADA SUNDARI SAHA VS. MONOHARAN SAHA [LAWS(CAL)-1980-9-19] [REFERRED TO]
SRI AMARESWAR MAHADEB BIRE AND ORS. VS. SRI DURGADEVI THAKURANI AND ORS. [LAWS(ORI)-1966-2-3] [REFERRED TO]
STATE OF ORISSA VS. KRISHNAPRASAD LATH [LAWS(ORI)-1973-9-14] [REFERRED TO]
NEW INDIA CONSTRUCTION CO VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1977-8-34] [REFERRED TO]
UNION OF INDIA VS. KAMAL KUMAR GOSWAMI [LAWS(CAL)-1973-5-10] [REFERRED TO]
ARETHIA SAVA VISHRAM VS. MALI HARI BHUVA [LAWS(GJH)-1965-8-5] [REFERRED]
SARVAJANIK VYAYAM MANDIR VS. ANAND NAGARPALIKA [LAWS(GJH)-2018-6-49] [REFERRED TO]
SHRI JAGAT GURU SHANKRACHARIYA SWAMI SWAROOPANAND SARASWATI VS. SIDDHU ENGINEERING WORKS [LAWS(MPH)-2011-11-92] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. PHOTO DEVI [LAWS(PAT)-2004-7-25] [REFERRED TO]
UDAYAN CHINUBHAI VS. R C BALI [LAWS(SC)-1977-9-11] [REFERRED TO]
STATE OF BIHAR VS. ISMAIL [LAWS(PAT)-1965-5-1] [REFERRED TO]
RAJASTHAN STATE GANGANAGAR SUGAR MILLS LTD. AND ORS. VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-3-63] [REFERRED TO]
THOMSON VS. STATE OF KERALA [LAWS(KER)-2000-8-14] [REFERRED TO]
K V DAMODARAN VS. P K MURALEEKRISHNAN [LAWS(KER)-2000-10-22] [REFERRED]
MANGAT RAI VS. VED PARKASH [LAWS(P&H)-1969-1-9] [REFERRED TO]
MAJI SAINIK SAHAKARI GRAH NIRMAN SANSTHA MARYADIT VS. PANDITRAO KRISHNA TANKSALE [LAWS(BOM)-2000-4-21] [REFERRED TO]
GURUDAYALSINGHMEHERSINGH BINDRA VS. BASANTSINGHMEHERSINGH BINDRA [LAWS(BOM)-2002-3-6] [REFERRED TO]
DANTU BHASKARARAO VS. C V K RAO [LAWS(APH)-1963-4-9] [REFERRED TO]
GADADHAR GHOSH VS. JANKI NATH GHOSH [LAWS(CAL)-1967-6-12] [REFERRED TO]
RAMANANDA JOYKISHAN AND ANOTHER VS. MD. ABU HUSSAIN AND OTHERS [LAWS(GAU)-1972-3-4] [REFERRED TO]
STATE OF ASSAM VS. GOBINDA CHANDRA PAUL [LAWS(GAU)-1991-4-1] [REFERRED TO]
DINAMANI DAS VS. BIMBADHAR PADHAN [LAWS(ORI)-1979-7-3] [REFERRED TO]
KOUTUKI SABATANI VS. RAGHU SETHI [LAWS(ORI)-1969-10-1] [REFERRED TO]
JUBIDA BIBI VS. RAFIQUE MOHAMMED [LAWS(ORI)-2008-12-66] [REFERRED TO]
BOARDS AND BOARDS PVT LTD VS. HIMALAYA PAPER MACHINERY PVT LTD [LAWS(RAJ)-1989-11-1] [REFERRED TO]
PURAN SINGH VS. JAGTAR SINGH [LAWS(P&H)-1985-9-35] [REFERRED TO]
HARBANS SINGH VS. SARBJIT SINGH [LAWS(P&H)-2000-7-135] [REFERRED TO]
E MOHAMMAD VS. KUNHAHAMMAD HAJI [LAWS(KER)-1973-1-15] [REFERRED TO]
CHIEF ENGINEER VS. GOPALKRISHNA [LAWS(KAR)-2019-11-53] [REFERRED TO]
BRIJ MOHAN AND ANR. VS. MOHAN LAL AND ORS. [LAWS(P&H)-1968-11-14] [REFERRED TO]
NAZAR NAZIR SINGH VS. MUNSHI SINGH [LAWS(P&H)-1969-12-5] [REFERRED TO]
GAJADHAR VS. RAJRANI [LAWS(MPH)-1975-11-5] [REFERRED TO]
MUNIYA BAI VS. STATE [LAWS(MPH)-1987-1-5] [REFERRED TO]
BRIJ MOHAN DAS AGARWAL VS. Z A AHMAD [LAWS(ALL)-1963-5-1] [REFERRED TO]
BEAUTY ART DYERS AND CLEANERS P LTD VS. REGISTRAR OF COMPANIES [LAWS(BOM)-1973-6-9] [REFERRED TO]
ABDUL JALIL SON OF LATE HABIB ULLAH VS. SPECIAL JUDGE E.C.ACT/ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2007-8-254] [REFERRED TO]
H S RAI VS. STATE OF U P [LAWS(ALL)-2001-3-34] [REFERRED TO]
DIG VIJAY SINGH VS. MAHAVIR GUPTA [LAWS(J&K)-2009-4-2] [REFERRED TO]
ADWAITYA KR MAITY VS. PRESIDENT W B BOARD OR SECONDARY EDUCATION [LAWS(CAL)-1967-2-10] [REFERRED TO]
AMAR CHAND VS. BACH RAJ [LAWS(RAJ)-1965-6-4] [REFERRED TO]
THAKUR BHAGWAN SITA RAMJI VS. MOTI PRASAD [LAWS(PAT)-1973-2-12] [REFERRED TO]
JHAURI PASWAN VS. LOBHI PASWAN [LAWS(PAT)-1978-1-28] [REFERRED TO]
HARNAMA SINGH DEAD LRS ON RECORD VS. HARBHAJAN SINGH [LAWS(SC)-1991-8-75] [REFERRED TO]
JANARDHANAN VS. CHANDRAMATHY [LAWS(KER)-1996-7-19] [REFERRED TO]
CHANAN DEVI VS. DES RAJ RAMCHAND [LAWS(P&H)-1964-9-6] [REFERRED TO]
RAJINDRA RAM VS. COAL INDIA LIMITED [LAWS(CAL)-1997-2-28] [REFERRED TO]
MANOHAR RAJARAM CHHABARIA VS. UNION OF INDIA [LAWS(CAL)-2000-5-23] [REFERRED TO]
HARI SHANKER VS. JAG DEYEE [LAWS(ALL)-2000-1-146] [REFERRED TO]
IQBAL SIDDIQUI VS. SMT. KISHWAR JAHAN [LAWS(ALL)-1990-8-77] [REFERRED TO]
BANK OF MAHARASHTRA LTD VS. VASANT DATTATRAYA DATAR [LAWS(BOM)-1968-11-24] [REFERRED TO]
S.S. BHALOTIA VS. ESSEM ENTERPRISES PRIVATE LIMITED [LAWS(CAL)-2014-4-26] [REFERRED TO]
V NARAYANACHARI VS. COMMISSIONER and RETURNING OFFICER CORPORATION OF THE CITY OF BANGALORE [LAWS(KAR)-1970-12-10] [REFERRED TO]
UMAMAHESWAR COTTON GINNING and PRESSING FACTORY VS. RAMA RAO SHROFF [LAWS(KAR)-1971-3-34] [REFERRED TO]
UNION OF INDIA VS. KAMAL KUMAR GOSWAMI [LAWS(CAL)-1970-2-7] [REFERRED TO]
SAYAM RANJAN BHOWMIK VS. TRIPURA PUBLIC SERVICE COMMISSION [LAWS(GAU)-1982-4-16] [REFERRED TO]
AMAR CHAND VS. BACH RAJ [LAWS(RAJ)-1965-7-14] [REFERRED TO]
PRITI PARIHAR VS. KAILASH SINGH PARIHAR [LAWS(RAJ)-1977-9-2] [REFERRED TO]
STATE OF RAJASTHAN VS. JAIPUR HOSIERY MILLS PRIVATE LIMITED [LAWS(RAJ)-1996-3-1] [REFFERED TO]
STATE OF RAJASTHAN AND ORS. VS. JAIPUR HOSIERY MILLS (PVT.) LTD. AND ORS. [LAWS(RAJ)-1996-3-33] [REFERRED TO]
HARBANT KAUR VS. AMAR SINGH [LAWS(P&H)-1991-2-18] [REFERRED TO]
D.M.Oriental Insurance Co.Ltd. VS. Smt.Geeta Pareek [LAWS(ORI)-2008-8-64] [REFERRED TO]
G Gengavarajan VS. Chennai Metropolitan Development Authority [LAWS(MAD)-2004-9-10] [REFERRED TO]
R VISWANATHAN VS. R NARAYANASWAMY SUBSTITUTED [LAWS(SC)-1971-11-57] [RELIED ON]
T N MAHAJAN VS. JANTA STEEL AND METAL CO-OP INDUSTRIAL SOCIETY LTD [LAWS(P&H)-1976-5-5] [REFERRED TO]
N. P. CHENGALRAYA NAIDU VS. G.N. PATTABHI REDDI [LAWS(APH)-1962-10-29] [REFERRED TO]
N P CHENGALRAYA NAIDU VS. G N PATTABHI REDDI [LAWS(APH)-1963-9-26] [REFERRED TO]
SMT. RADHESH SINGH VS. VINEET SINGH & ORS. [LAWS(DLH)-2014-5-561] [REFERRED TO]
SHIVAPPA VS. KERIYAMMA [LAWS(KAR)-1995-6-25] [FOLLOWED ON]
DAMODAR PANDURANG THAKORE VS. TRUSTEES OF THE PORT OF BOMBAY [LAWS(BOM)-1977-10-25] [REFERRED TO]
L VARADARAJAN VS. THOMAS [LAWS(MAD)-2000-2-17] [REFERRED TO]
ASSAM CHAH KARMCHARI SANGH VS. PRESIDDING OFFICER LABOUR COURT [LAWS(GAU)-1996-7-10] [REFERRED TO]
JIWANDAS AGARWAL VS. NARAYANDAS DEORA [LAWS(CAL)-1972-5-25] [REFERRED TO]
P L DUA VS. HAR DUTT SHARMA [LAWS(J&K)-1984-8-13] [REFERRED TO]
ABDUL KARIM KHAN VS. MST. RASHIDA BEGUM AND OTHERS [LAWS(J&K)-1993-5-11] [REFERRED TO]
CHARMINAR COOPERATIVE URBAN BANK LTD VS. STATE BANK OF HYDERABAD [LAWS(APH)-2007-5-5] [REFERRED TO]
SATYA DEVI VS. PRATAP SINGH [LAWS(HPH)-2006-1-2] [REFERRED TO]
ASHOKA INDUSTRIES LTD VS. HARIBANDHU DAS [LAWS(ORI)-2022-5-55] [REFERRED TO]
PHOOLCHAND VS. COPAL LAL [LAWS(SC)-1967-3-20] [FOLLOWED]
SARDAR GURU DAYAL SINGH VS. RAMCHANDRA KUSHIARI [LAWS(PAT)-1970-3-3] [REFERRED TO]
RAM KALI KUER VS. INDRADEO CHOUDHARY [LAWS(PAT)-1984-8-4] [REFERRED TO]
SATYABRATA BISWAS VS. KALYAN KUMAR KISKU [LAWS(SC)-1994-1-45] [REFERRED TO]
PRESIDENT KANAKKARI SERVICE CO-OP BANK VS. DY LABOUR COMMISSIONER [LAWS(KER)-1996-3-47] [REFERRED TO]
CHHOTELAL KESHORAM PARTNERSHIP FIRM VS. UNION OF INDIA [LAWS(MPH)-1973-1-3] [REFERRED TO]


JUDGEMENT

Gajendragadkar, J. - (1.)The short question of law which arises for decision in the present appeal by special leave is whether the appeal preferred against the appellants and respondents 8 and 9 in the High Court of Punjab by respondents 2 to 7 was competent in law or not. This question arises under somewhat unusual circumstances. It appears that an agreement of sale of one-third of the one-fourth share in the property covered by the document was entered into between Gokal Dhish Bhargava and the appellant, Jagat Dhish Bhargava. Gokal Dhish Bhargava sued the appellant and proforma respondents 8 and 9 for specific performance of the said agreement of sale in the Court of the Senior Civil Judge, New Delhi (Civil Suit No. 684/128 of 1949/50). This suit was dismissed on March 12, 1954. Pending decision in the trial court Gokal Dhish Bhargava died and his son Jawahar Lal Bhargava, respondent 1 and Chunni Lal Bhargava were brought on the record as legal representatives. After the suit was dismissed and before the appeal in question was preferred in the High Court Chunni Lal Bhargava died; thereupon respondents 2 to 7, as his legal representatives, joined respondent 1 in preferring an appeal against the said decree in the High Court of Punjab. The memo of appeal along with the judgment dismissing the suit and the taxed bill of costs endorsed on the back of the last page of the judgment was filed in the High Court on July 29, 1954. It is the competence of this appeal that was questioned before the High Court and is in dispute before us in the present appeal.
(2.)The record shows that on March 24, 1954, an application was made by respondents 2 to 7 (who will be called the respondents hereafter) for a certified copy of the judgment and decree passed in the said suit for specific performance. A certified copy of the judgment and the bill of costs was supplied to them but the decree had not been drawn up and no copy of the decree was therefore supplied to them. In the result the appeal was filed without the certified copy of the decree and only with the certified copy of the judgment and the bill of costs. On August 2, 1954, the Assistant Registrar of the High Court returned the memo of appeal filed by the respondents to their counsel and pointed out to him that since no copy of the decree had been filed t he presentation of the appeal was defective and the defect needed to be certified. Thereafter on August 16, 1954 the respondent's counsel refiled the appeal with an endorsement that a memo of costs alone had been prepared by the trial court and no decree had been drawn up, and so the appeal should be held to be properly filed. Apparently this explanation was treated as satisfactory by the office of the High Court and the appeal was registered as No. 77-D of 1954.
(3.)In due course the appeal was placed for preliminary hearing under O. 41, R. 11 of the Code of Civil Procedure before Dulat, J., who admitted it on August 30, 1954. Notice of the appeal was accordingly served on the appellant and the pro forma respondents. Ultimately when the appeal became ready for hearing it was put up on the Board of the Circuit Bench of the High Court to be heard on December 26, 1958. Meanwhile on December 23, 1958, the appellant served a notice on the respondents' counsel intimating to him that he proposed to raise a preliminary objection against the competence of the appeal on the ground that the decree under appeal had not been filed as required under O. 41, R. 1, along with the memo of appeal and the certified copy of the judgment. Next day, that is to say, on December 24, 1958, the respondents moved the trial Court for drawing up of the decree, but since the record had in the meantime been sent by the trial Court to the High Court no decree could be drawn up by the trial Court, and so the motion became infructuous. The appeal, however, did not reach hearing on December 26, 1958. On December 29, 1958, the respondents moved the Court that the appeal should be declared to be maintainable as the memo of costs which alone had been prepared by the trial Court read along with the concluding paragraph of the judgment may be held to satisfy the requirements of the decree; in the alternative they prayed that the record of the suit in the trial Court should be sent for to enable them to get a decree prepared with a view to file the same in the High Court along with their appeal. Bishan Narain, J., before whom this application was taken out for orders, directed that it may be heard by the Bench which would hear the appeal.
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