Jitendra Kumar Jha VS 108 Shyamjee

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

KHATIM REZA
Jitendra Kumar Jha – Appellant
Versus
108 Shyamjee – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Jitendra Kishore Verma, Advocate

ORDER (ORAL)

These cases have come today under the heading “To Be Mentioned” at the instance of the appellant.

Re:- I.A. No. 8238 of 2016 in S.A. No. 345 of 2016

2. This limitation application has been filed in compliance of order dated 16.09.2016 passed by Lawazima Board regarding delay of 9 days in filing the present appeal and consequently praying for condonation of said delay, if any, as factually and legally there is no delay and the appeal has been filed well within the statutory period of limitation. Learned counsel further submitted that impugned judgment was passed on 22.04.2016 and decree was prepared and signed on 04.05.2016, the requisition for certified copy of decree under appeal was filed on 23.04.2016 and the same was made ready for supply on 27.05.2016.

3. Learned counsel for the appellant further submitted that the requisition for certified copy of decree under appeal was filed on next date of the judgment passed in this case i.e. 23.04.2016, which was supplied on 27.05.2016. The period consumed for supplying the certified copy of decree was 35 days which has not been excluded by the Stamp Reporter.

4. In the instant appeal against impugned judgment, the limitation

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