Limitation to file appeal to be computed on the basis of endorsement as contained in certified copy of impugned order

Mukesh Ramdevji Agarwal and Anr Vs Balmukund Dhruvanarayan Lohiya and Ors

Supreme Court

25/10/2019

Petition for Special Leave to Appeal (C) No.24862/2019

About/from the judgment:

The Courts are obliged to compute the limitation on the basis of the endorsement as contained in the certified copy, observed Supreme Court recently while dismissing a Special Leave Petition.


In this case, the Bombay High Court upheld the order of a District Court which dismissed an application to dismiss an appeal on the ground of the same being barred by limitation. The limitation period was computed on the basis of the endorsement on the certified copy of the order under appeal. It was held that the appeal was within limitation, since in computing limitation, the time required for obtaining the certified copy is required to be excluded.

 

The contention of the petitioner was that the certified copy was actually made ready before the date shown on the reverse of the certified copy. While dismissing this plea, the bench comprising Justice Indira Banerjee and Justice MR Shah observed:

 

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.

 

It further added:

 

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.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

©2018-2020 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.