Sunday, 3 November 2019

Supreme Court:Limitation for filing appeal is to be computed on the basis of endorsement contained in certified copy

The appellate Court as also the High Court have proceeded
on the basis of the endorsement on the certified copy of the order
under appeal and proceeded to hold that the appeal was within
limitation, since in computing limitation, the time required for
obtaining the certified copy is required to be excluded. The
reasoning as of the Appellate Court confirmed and reiterated by the
High Court is unexceptionable. Whether the certified copy was
actually made ready before the date shown on the reverse of the
certified copy; what are the circumstances on which the certified
copy to the party was supplied earlier but later to another party
though the applications were filed on the same date, are not issues
which can be decided in these proceedings. Nor could the same have
been decided by the High Court in a Writ Petition. The Courts are
obliged to compute the limitation on the basis of the endorsement
as contained in the certified copy. If there is any suspicion of
unfair and/or improper practice, the remedy lies in initiating a
domestic inquiry or may be criminal investigation against the
concerned staff of the Court responsible for supply of certified
copies.
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No.24862/2019

MUKESH RAMDEVJI AGARWAL Vs BALMUKUND DHRUVANARAYAN LOHIYA (HUF) 

CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE
HON'BLE MR. JUSTICE M.R. SHAH
Dated: 25 -10-2019

UPON hearing the counsel the Court made the following
O R D E R
The Special Leave Petition is against the judgment and
order dated 25.06.2019 passed by the Bombay High Court in Writ
Petition No.3088/2017.
The High Court upheld the judgment and order dated
11.08.2014 passed by the Learned District Judge, Amravati
dismissing the application filed by the petitioners for dismissal
of the appeal being R.C.A. No.104/2014 on the ground of the same
being barred by limitation.

The appellate Court as also the High Court have proceeded
on the basis of the endorsement on the certified copy of the order
under appeal and proceeded to hold that the appeal was within
limitation, since in computing limitation, the time required for
obtaining the certified copy is required to be excluded. The
reasoning as of the Appellate Court confirmed and reiterated by the
High Court is unexceptionable. Whether the certified copy was
actually made ready before the date shown on the reverse of the
certified copy; what are the circumstances on which the certified
copy to the party was supplied earlier but later to another party
though the applications were filed on the same date, are not issues
which can be decided in these proceedings. Nor could the same have
been decided by the High Court in a Writ Petition. The Courts are
obliged to compute the limitation on the basis of the endorsement
as contained in the certified copy. If there is any suspicion of
unfair and/or improper practice, the remedy lies in initiating a
domestic inquiry or may be criminal investigation against the
concerned staff of the Court responsible for supply of certified
copies.
The Special Leave Petition is dismissed.


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