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Brojendra Lal Saha and ors. Vs. Jana Mondal and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1947Cal67
AppellantBrojendra Lal Saha and ors.
RespondentJana Mondal and ors.
Excerpt:
- order1. accept the judgment and the decree, if already put in. as the appeal is directed against the decree of the lower appellate court and was presented with the certified copy of the judgmentaud decree appealed against within the time allowed by article 156, limitation act, no question of limitation arises. certified copies of the first court's judgment and decree are required to be filed by reason of proviso to rule 1, order 42, civil p.c. if the certified copies of the judgment and decree of the first court are not filed the defect would be a defect in form. office to note for future guidance.
Judgment:
ORDER

1. Accept the judgment and the decree, if already put in. As the appeal is directed against the decree of the lower appellate Court and was presented with the certified copy of the judgmentaud decree appealed against within the time allowed by Article 156, Limitation Act, no question of limitation arises. Certified copies of the first Court's judgment and decree are required to be filed by reason of proviso to Rule 1, Order 42, Civil P.C. If the certified copies of the judgment and decree of the first Court are not filed the defect would be a defect in form. Office to note for future guidance.


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