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Limitation to file appeal to be computed on the basis of endorsement as contained in certified copy of impugned order :SC
MUKESH RAMDEVJI AGARWAL & ANR. V. BALMUKUND DHRUVANARAYAN LOHIYA (HUF) & ORS.
The Courts are obliged to compute the limitation on the basis of the endorsement as contained in the certified copy, observed Supreme Court recently while dismissing a Special Leave Petition.
In this case, the Bombay High Court upheld the order of a District Court which dismissed an application to dismiss an appeal on the ground of the same being barred by limitation. The limitation period was computed on the basis of the endorsement on the certified copy of the order under appeal. It was held that the appeal was within limitation, since in computing limitation, the time required for obtaining the certified copy is required to be excluded.
The contention of the petitioner was that the certified copy was actually made ready before the date shown on the reverse of the certified copy. While dismissing this plea, the bench comprising Justice Indira Banerjee and Justice MR Shah observed:
Whether the certified copy was actually made ready before the date shown on the reverse of the certified copy; what are the circumstances on which the certified copy to the party was supplied earlier but later to another party though the applications were filed on the same date, are not issues which can be decided in these proceedings. Nor could the same have been decided by the High Court in a Writ Petition.
It further added:
The Courts are obliged to compute the limitation on the basis of the endorsement as contained in the certified copy. If there is any suspicion of unfair and/or improper practice, the remedy lies in initiating a domestic inquiry or may be criminal investigation against the concerned staff of the Court responsible for supply of certified copies
In this case, the Bombay High Court upheld the order of a District Court which dismissed an application to dismiss an appeal on the ground of the same being barred by limitation. The limitation period was computed on the basis of the endorsement on the certified copy of the order under appeal. It was held that the appeal was within limitation, since in computing limitation, the time required for obtaining the certified copy is required to be excluded.
The contention of the petitioner was that the certified copy was actually made ready before the date shown on the reverse of the certified copy. While dismissing this plea, the bench comprising Justice Indira Banerjee and Justice MR Shah observed:
Whether the certified copy was actually made ready before the date shown on the reverse of the certified copy; what are the circumstances on which the certified copy to the party was supplied earlier but later to another party though the applications were filed on the same date, are not issues which can be decided in these proceedings. Nor could the same have been decided by the High Court in a Writ Petition.
It further added:
The Courts are obliged to compute the limitation on the basis of the endorsement as contained in the certified copy. If there is any suspicion of unfair and/or improper practice, the remedy lies in initiating a domestic inquiry or may be criminal investigation against the concerned staff of the Court responsible for supply of certified copies
