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1998 Supreme(SC) 473

M.SRINIVASAN, S.C.AGRAWAL, S.SAGHIR AHMAD
Prakash Seshmal Jain – Appellant
Versus
Sukhmal And Sons – Respondent


JUDGMENT :- Special leave granted.

2. By the impugned judgment the High Court has dismissed the Letters Patent Appeal filed by the appellant on the ground of interference of record.

3. The facts, briefly, stated, are as follows :

The appellant has filed O. J. Appeal No. 53 of 1987 in the High Court against the order of the learned single Judge dated October 9, 1987. The memo of appeal was filed in the Registry of the High Court on November 12, 1997. An objection was raised by the office that it was barred by limitation. The memo of appeal did not contain a prayer for condonation of delay in filing the appeal. In view of the objection that was raised by the office the counsel for the appellant on November 13, 1997 added a prayer in the memo of appeal vide para 14(g) which reads as follows :

"Be pleased to condone the delay of 3 days in filing this appeal."

4. When this fact was brought to the notice of the Division Bench of the High Court, the Court felt that this course of action was not permissible since the correction had been made in the memo of appeal after it had been filed without obtaining permission of the Court. An unconditional apology was tendered by the Advocate on record of





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