R.SUBRAMANIAN
Dharmalingum – Appellant
Versus
K. P. Perumal – Respondent
ORDER :
R. Subramanian, J.
1. This SR is placed for maintainability. It is seen from the records that the Appellate Court disposed of A.S. No. 13 of 2017 on 15.04.2019. The Appeal memorandum was filed in time on 31.07.2019, along with the copy of the judgment of the Appellate Court. The Decree of the Appellate Court was not produced on the date of the presentation of the appeal. But the copy of the judgment of the Appellate Court was produced. However, the Registry returned the papers insisting upon the production of a copy of the decree. The appeal was represented on 01.06.2020 along with the copy of the decree. The Registry had insisted upon an application for condonation of delay, claiming that the appeal was validly presented only on 01.06.2020, namely the date on which the appeal was represented along with the copy of the decree.
2. Taking objection to the insistence of the Registry for filing application for condonation of delay in filing the appeal, the learned counsel for the appellant would contend that after the amendment of Order 41 Rule 1 of Code by the Civil Procedure Code (Amendment) Act, 1999, production of a copy of a decree is wholly unnecessary, while preferring an a
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