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1986 Supreme(Del) 56

J.D.JAIN
PARVATI – Appellant
Versus
ANAND PRAKASH – Respondent


Advocates Appeared:
Abdul Jalil, RAMESH CHANDRA

J. D. Jain, J.

( 1 ) THIS second appeal is directed against judgment and decree dated 4th January, 1980 of an Additional District Judge, Delhi dismising the appeal filed by Sh. Hans Raj, deceased, predecessor-in-interest of the appellants against judgment and decree dated 13th July, 1978 of a Subordinate Judge 1st class whereby the suit of the plaintiff respondent Shri Anand Parkash for possession of the premises in suit bad been decreed with costs. A notice was issued to the respondent to show cause as to why the appeal be not admitted and in response to the said notice the respondent has raised a preliminary objection to the effect that this appeal is barred by time. The facts on the basis of which the said objection is sought to be raised are as under: The appeal was originally filed by the appellants through their counsel on 1st May, 1980. On security and examination thereof the office pointed out the following defects :

(I) certified copy of the grounds of appeal filed before the lower appellate court should be duly stamped ; (ii) English translation of the affidavit in Hindi should be certified as true translation by the counsel ; and (iii) power of attorney should be signed b






























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