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1996 Supreme(Del) 566

S.N.KAPUR
RC. CHAUDHRY – Appellant
Versus
PRESTIGE F. CHIT COMPANY – Respondent


S. N. Kapoor

( 1 ) A question : "whether for condonation of delay in filing an appeal, any application in writing accompanied by affidavit is essential?" is required to be answered in these five revision petitions relating to the abovesaid lame parties.

( 2 ) THESE five revisions arose out of a common judgment dated 4. 8. 84 dismissing five appeals on the ground that the appeals were barred by time in view of provisions of Order 41 Rule 3-A CPC.

( 3 ) FACTS : Five petitions u/ss. 14 and 17 Arbitration Act were instituted on 20. 11. 79. Objections were filed. After hearing the parties, objections filed by the petitioner were dismissed and awards were made rule of the court by five judgments dated 7. 1. 84.

( 4 ) THE appellant applied for certified copies of judgments in five cases on 13. 1. 84. The copies in appeal Nos. 25, 26 and 28 of 84 were delivered on 19. 3. 84, copy in appeal No 24/84 was delivered on 20. 3. 84 and in appeal No. 27, on 24. 3. 84. All the appeals were file in the court of Senior Sub-Judge on 3. 4. 84. d is apparent that appeal No. 25, 26 and 28 of 1984 were filed before SSJ within 21 days, appeal No. 24/84 within 20 days, and appeal No. 27/94 within 16 days. af






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