PT SANT RAM Vs. PT SADHU RAM

JUDGEMENT

(1.) This application under Order 41, Rule 9 read with Section 151, CPC has been filed by the appellant, in the main Regular Second Appeal No. 332 of 2003, praying therein that the filing of the appeal before the lower appellate Court may be dispensed with and he may be permitted to file the appeal directly in this Court.

(2.) This Regular Second Appeal is dated 13-1-2003 and was filed in this Court on 14-1-2003. The Registry of this Court returned the said Appeal to the counsel for the appellant. With various objections, including the objection that the provisions of Order 41, Rule 9 of the revised CPC be complied with. In pursuance of the aforesaid objection, raised by the Registry, the appeal was re-filed on 27-1-2003, along with the present application under Order 41, Rule 9 read with Section 151, CPC. In this application, it has been alleged that in view of the urgency involved in the matter, the appeal may be directly entertained by this Court and the requirement of filing the appeal before the lower appellate Court may be dispensed with. The office has put up this application before me, along with the main Appeal.

(3.) After hearing counsel for the applicant-appellant and perusing the record, in my opinion, this application under Order 41, Rule 9, read with Section 151, CPC, was not required to be filed by the applicant-appellant in this Court, I am further of the opinion that the Registry of this Court could not have returned the Appeal to the counsel for the appellant with the objection that the provisions of Order 41, Rule 9 of the revised CPC, should be complied with. This is so, in view of the law laid down by the Hon'ble Supreme Court, in the case reported as Salem Advocate Bar Association, Tamil Nadu v. Union of India, AIR 2003 SC 189 (January part).