Judgment

Mrs. Ritu Tagore, J.

This revision is directed against the order dated 04.10.2023 (Annexure P-4) in which learned ADJ, Gurugram dismissed the petitioners’ application for non-filing of certified copy of the impugned judgment dated 18.07.2023 along with the memorandum of appeal, by the invoking the provisions of Order 41 Rule 1 CPC.

2. Learned counsel for the petitioners submits that a photocopy of the impugned judgment and decree dated 17.08.2023, downloaded from the website of the District Court, Gurugram, was appended alongwith the memorandum of the appeal. The certified copy of the decree sheet was also filed. An application seeking exemption from filing the certified copy of judgment was also submitted as same was not available despite having been applied for.

3. The learned counsel submits that dismissal of the first appeal is harsh upon the petitioners, adversely impacting their statutory right to appeal on technical grounds. It is contended that the Court should not have dismissed the appeal based solely on technicalities. The learned counsel states that he is ready with the certified copy of the appeal and would submit the same before the learned Appellate Court. A pr