JUDGEMENT
KESHOTE, J. -
(1.) SINCE all these four appeals arise from the common order dated 18th of November, 1996 of the learned Single Judge delivered in 10 S. B. Civil Misc. Appeals, they are taken up for hearing together and are being decided by this common order. 1. D. B. Special Appeal (Civil) No. 2008/97 (Def.)
(2.) THIS appeal is presented on 24. 2. 1997. The appeal is barred by 21 days but the appellants have not filed application under Section 5 of the Limitation Act for condonation of this delay. The registry has pointed out following other defects, 1. Court fee stamps of Rs. 2/- not affixed on order. 2. Power has not been filed. 3. Court fee stamps of Rs. 10/- not affixed on memo of appeal. No such application under Section 149 CPC has been filed. 4. Type copy of order has not been filed.
These defects were pointed on 24. 6. 1997. Though, more than five years have already passed the same are not removed. On 27. 4. 1998 the matter was placed before the Additional Registrar (Admn.) but none put appearance for the appellant. The matter was ordered to be placed in the court. Then on 26. 3. 2003 the matter was placed before the Deputy Registrar (Jdul.) but nobody remained present for the appellant. Still the Deputy Registrar. (Judl.) granted seven days time to the appellant to remove the defects but the same are not removed. The learned counsel for the appellant prays for last opportunity to remove these defects. 2. D. B. Special Appeal (Civil) No. 2191/97 (Def.)
This appeal is presented on 24. 2. 1997. The appeal is barred by 68 days but the appellant has not filed application under Section 5 of the Limitation Act for condonation of this delay. The registry has pointed out following other defects, 1. Certified copy of order dt. 18. 11. 96 has not been filed. Photo copy has been filed. Application for dispensation of filing certified copy has not been filed. 2. Court fee stamps of Rs. 10/- not affixed on memo of appeal. No such application under Section 149 CPC has been filed. 3. Type copy of order has not been filed. 4. Court fee stamps of Rs. 2/- not affixed on the order dt. 18. 11. 96. 5. Power has not been filed.
These defects were pointed on 11. 4. 1997. Though, more than five years have already passed the same are not removed. The matter was placed in court on 12. 9. 1997 but the matter could not reach and it was adjourned. Thereafter it could not be listed in court. On 26. 3. 2003 it was placed before the Deputy Registrar (Judl. ). He granted seven days time to remove the defects. Still the defects have not been removed. The matter is placed on 22. 4. 2003 in the Court. The learned counsel for the appellant prays for last opportunity to remove these defects. 3. D. B. Special Appeal (Civil) No. 2193/97 (Def.)
This appeal is presented on 24. 2. 1997. The appeal is barred by 68 days but the appellant has not filed application under Section 5 of the Limitation Act for condonation of this delay. The registry has pointed out following other defects, 1. Certified copy of order dt. 18. 11. 96 has not been filed. Photo copy has been filed. Application for dispensation of filing certified copy has not been filed. 2. Court fee stamps of Rs. 10/- not affixed on memo of appeal. No such application under Section 149 CPC has been filed. 3. Type copy of order has not been filed. 4. Court fee stamps of Rs. 2/- not affixed on the order dt. 18. 11. 96. 5. Power has not been filed.
(3.) THESE defects were pointed on 11. 4. 1997. Though, more than five years have already passed the same are not removed. The matter was placed in court on 12. 9. 1997 but the matter could not reach and it was adjourned. Thereafter it was listed in court on 21. 2. 2002 and two weeks' time was granted to cure the defects. The defects were not removed. The matter was again placed before the court on 25. 3. 2002. On this date also time was prayed for to remove the defects. Time as prayed for was granted and the matter was adjourned to 22. 4. 2003. Still the defects are not removed. The learned counsel for the appellant prays for granted of last opportunity to remove these defects. 4. D. B. Special Appeal (Civil) No. 3053/97 (Def.)
This appeal is presented on 24. 2. 1997. The appeal is barred by 68 days but the appellant has not filed application under Section 5 of the Limitation Act for condonation of this delay. The registry has pointed but following other defects, 1. Certified copy of order dt. 18. 11. 96 has not been filed. Photo copy has been filed. Application for dispensation of filing certified copy has not been filed. 2. Court fee stamps of Rs. 10/- not affixed on memo of appeal at the time of presentation. No such application under Section 149 CPC has been filed. 3. Type copy of order has not been filed. 4. Court fee stamps of Rs. 2/- not affixed on the order dt. 18. 11. 96. 5. Power has not been filed. 6. Type copy of order have not been filed in extra sets.
These defects were pointed on 11. 4. 1997. Though, more than five years have already passed the same are not removed. The matter was placed in court on 5. 9. 1997 and two weeks time was granted to the counsel for the appellant to removed the defects. The defects were not removed. It was agains listed in court on 24. 4. 1998 and two weeks time was granted for removing the defects. The defects were not removed. The matter was placed in court on 21. 2. 2002 and learned counsel for the appellant prayed for two weeks time to cure the defects. Time prayed for was granted. Defects were not cured. Agains the matter was placed on 20. 11. 2002 last opportunity as prayed for of one week was granted to remove the defects, but the defects were not cured by the appellants. The matter was agains listed in court on 25. 3. 2003 and on that date time was prayed for to take instruction in the matter. The arguments were heard in part and the matter was adjourned to 22. 4. 2003 for completion of arguments. Still the defects are not removed.
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