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1960 Supreme(All) 173

D.S.MATHUR
MOOL CHAND – Appellant
Versus
KAMTA PRASAD – Respondent


Advocates Appeared:
S.S.Chandvaria

D. S. MATHUR, J.


( 1 ) THE points for consideration are :

(1) Should the finding of the civil or revenue court form part of the judgment of the trial court and copy thereof furnished along with the trial courts judgment?

(2) Should the memorandum of Second Appeal be accompanied by a copy of the finding of the civil or revenue court, as the case may be?

(3) Is it necessary for the appellant to move an application under Section 5 of the Limitation Act, accompanied by an affidavit, if copies of the trial courts judgment and revenue or civil courts finding are not filed within the prescribed period of limitation? and

(4) Can the Registrar grant time for filing copies of the trial courts judgment and of the finding of the civil or revenue court On oral request, without an application accompanied by an affidavit?

( 2 ) THERE may be two kinds of references to the revenue court for recording a finding on issues remitted to it for decision) one under the provisions of the U. P. Zamindari Abolition and Land reforms Act and the other under any other enactment. The finding of the revenue court on a reference made under any enactment other than the above act, and of the civil court under any enactme




















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