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1968 Supreme(SC) 255

K.S.HEGDE, R.S.BACHAWAT, S.M.SIKRI
Shakuntala Devi – Appellant
Versus
Kuntal – Respondent


Advocates:
B.C.MISHRA, BISHAN NARAIN, DAYAN KRISHNAN, MOHAN BEHARI LAL, S.S.SHUKLA

R.S. BACHAWAT, J.

(1) THE respondent Sumat Prashad filed an application for execution of a final decree in a partition suit. The appellant filed objections under Section 47 of the Code or Civil Proce- dure. By an order dated 20/01/1967. the Subordinate Judge, Delhi, dismissed the objections. It is common case before us thatunder the relevant Civil Rules and Orders the Subordinate Judge, Delhi, was not required to draw up a formal expression or the decision under Section 47 as a decree. On 17/03/1987 the appellant filed an appeal against this order in the Delhi High court. Along with the memorandum of appeal she filed a plain copy of the order and an application praying that the append be entertained without a certified copy of the order. In the application she stated that she had applied tor a certified copy of the order but the same was not ready and that she would file the certified copy as soon as it would be ready and available to her. She added that she wanted urgent interim relief and would be seriously prejudiced if she waited for a certified copy. She also filed an application for stay of execution. On the same date a bench of the High court admitted the appeal, gran











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