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PETITIONER: JAGAT DHISH BHARGAVA
Vs.
RESPONDENT: JAWAHAR LAL BHARGAVA & OTHERS
DATE OF JUDGMENT: 05/12/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. WANCHOO, K.N. GUPTA, K.C. DAS
CITATION: 1961 AIR 832 1961 SCR (2) 918 CITATOR INFO : F 1967 SC1470 (5) RF 1972 SC 414 (32) RF 1977 SC2319 (10) D 1978 SC 537 (4) R 1983 SC 786 (9,20) RF 1992 SC 109 (6)
ACT: Appeal--Decree not Prepared--Appeal filed without copy of decree--Competency of--Subsequently decree prepared and copy filed--Limitation--Code of Civil Procedure, 1908(V of 1908) 0. 41, r. 1--Indian Limitation Act, 1908 (IX of 1908) s. 12(2).
HEADNOTE: The respondents filed a suit for specific performance against the appellant which was dismissed on March 12, 1954. On March 24 the respondents made an application for a certified copy of the judgment and decree. The decree was not drawn up and the respondents were supplied a certified copy of the judgment and the memo of costs. The respondents filed an appeal before the High Court without the certified copy of the decree and only with the certified copy of the judgment and the memo of costs. The appeal was admitted under 0. 41, r. 11 Code of Civil Procedure on August 30, 1954. On December 23, 1958, the appellant served a notice on the respondents that he would raise a ...