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1997 Supreme(J&K) 78

A.Q.PARRAY
Mohd. Amin Rather – Appellant
Versus
Khadi And Village Industries Board, J&K – Respondent


Advocates Appeared:
Advocate For Appellant: Z.A. Shah
Advocate For Respondent: Q. Lone

1. This revision is directed against the order dated 15-6-1996 passed by Addl. District Judge, Srinagar where under learned Addl. District Judge had returned a finding that the time required for obtaining a copy of the judgment and decree appealed against has been computed towards the computation of time and on returning such a finding, he has held that the appeal is not barred by limitation, but is within time.

2. Ld. Counsel for the petitioner has assailed this order on the ground that the judgment and decree which has been appealed against before the 1st. appellate court was passed on 27-12-1995 and the decree on 31 -12-1995. The appellants who were aggrieved of the said order which has been passed by the court below after a prolonged litigation pending between the parties filed the appeal before the 1st appellate court and the said appellate court without looking to the merits of Order41 Rule 3 Civil P.C. and that finding that the appeal is within time, had passed orders, where under the usufructs of the decree and judgment passed in favour of the petitioner have been denied to him and have been stayed.

3. Mr. Zahoor submits that as per amended Civil procedure Code, the provis



















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