Andhra Pradesh High Court
Judges : A.GANGADHARA RAO, A.SAMBASIVA RAO
A.N.CHANDRASEKHARAIAH - Appellant
Versus
Commissioner of Endowments, A.P.Hyderabad - Respondent
S. R. 70632 (Rev. C. M. P.) of 77
Decided On : 09-18-78
Advocates Appeared :
.
Held: By virtue of sub rule (14) of Rule 70 the Carbon copies are also certified copies Under rule 12(10) the Registrar shall have the power to make an order for the supply of copies of records duly certified as correct copies Therefore, the carbon copy given by virtue of the orders of the Registrar is a copy granted at the direction of the Court within the meaning of Rule 70(14) Consequently the time taken for obtaining carbon copy of the proceedings has to be excluded
S R ordered accordingly
( 1 ) IN this case the office has raised an objection that a carbon copy cannot be treated as a certified copy, for computing the period of limitation. In this connection the office has relied upon the decision of the Madras High court in Somakka in Re. 1 I am of the opinion that, that decision has no application in view of Rule 70 (14) of the A P. High Court Appellate Side rules. That sub-rule reads as follows:"whenever the Court directs the grant of carbon copies of its proceedings, the same shall be certified. and shall bear the seal of the court and shall contain the particulars mentioned in Clause 11 endorsed thereon". Therefore by virtue of this sub-rule the carbon copies are also certified copies.
( 2 ) THE next question is whether sub-rule 14 applies only when (he court alone gives such a direction. Evidently the power to grant certified copies is delegated to the Registrar under Rule 13 (10) of the Rules. Under the rule, he Registrar shall have the power to make an order for the supply of copies of records duty certified as correct copies. Therefore, the carbon copy given by virtue of the orders of the Registrar is a copy granted at the direction of the Court within the meaning of Rule 70 (14 ).
( 3 ) CONSEQUENTLY I hold that the time taken for obtaining carbon copy of the proceedings has to be excluded and if so. the review petition is in time. S R and CMP allowed.
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