RAMPRAVESH SINGH Vs. MAHESH SINGH
LAWS(PAT)-1960-9-5
HIGH COURT OF PATNA
Decided on September 12,1960

RAMPRAVESH SINGH Appellant
VERSUS
MAHESH SINGH Respondents


Referred Judgements :-

G.I.P. RLY. CO. V. RADHAKISAN JAIKISAN [REFERRED TO]
DINABANDHU SAHU VS. JADUMONI MANGARAJ [REFERRED TO]
MOINUDDIN VS. AJODHYA SAHU [REFERRED TO]
KRISHNASAMI PANDIKONDAR VS. RAMASAMI CHETTIAR [REFERRED TO]



Cited Judgements :-

S.S. BHALOTIA VS. ESSEM ENTERPRISES PRIVATE LIMITED [LAWS(CAL)-2014-4-26] [REFERRED TO]
SATINDER KAUR VS. IQBAL SINGH [LAWS(P&H)-1974-11-10] [REFERRED TO]
ASSOCIATED TRANSPORT (MADRAS) (P) LTD (BY OFFICIAL LIQUIDATOR) VS. J VADIVALU AND OTHERS [LAWS(MAD)-1985-11-31] [REFERRED TO]


JUDGEMENT

Raj Kishore Prasad, J. - (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?


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