D.K.Batra & Ors v. H.P.State Electricity Board &

ORDER o/o

13.08.2008 This appeal has been preferred against the judgmentof the SeniorCivilJudge dated November4, 2006 dismissingthe appeal of the appellant preferred against the judgment of the Civil Judge dated December17, 2002 on the ground that the appeal preferred beforethe SeniorCivilJudge was hopelesslybarred by time. Learned counsel for the appellant has drawn my attention to the certifiedcopy of the judgmentof the Trial Courtthat was placed on the record of the proceedings before the Senior Civil Judge. It reveals that the judgment by the Civil Judge was passed on '•% December17, 2002. The certifiedcopy of the judgmentwas applied for on December 23, 2002. The same was ready on February 17, 2003. Admittedly,limitationfor filing the appeal beforethe learned SeniorCivil Judge was 30 days. It is not disputedthat if calculated from the dates aforementioned, the appeal which was filed on March 11, 2003 was within time. It appears that the learned Senior Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. } Civil Judge by mistake had taken the date of the impugned judgment of the Civil Judge as February 17, 2002 instead of December 17, 2002. This is evident from paragraph 6 of the judgmentwhere the learned Senior Civil judge has referred to the date of judgment as February 17, 2002 instead of December 17, 2002. In the above view of the matter,the judgmentof the Senior CivilJudge is set asidewith adirectionto hearthe appeal on merits. The parties are directed to appear before the Senior Civil Judge on September5, 2008. The Senior Civil judge will make an endeavourto disposeofthe appeal as early as possible. Ivli"—- REKH^HARMA, J. AUGUST 13, 2008 PC.

* (S IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 41/2007 D.K.BATRA&ORS. Appellant Through Mr. J C Mahindroo,Advocate versus HP STATE ELECTRICITYBOARD & ... Respondent Through Mr. S CSharma for R-1 and 2. CORAM: HON'BLE MISS JUSTICE REKHA SHARMA