CERTIFIED COPY OF JUDGMENT
2 years ago
Is it mandatory as per Order 41 Rule 1 of CPC to sbumit certified copy of judgment when SLP filing is made? What will happen even OP was in possession of it and suppressed the facts of availability? Once decided matter of unsound of mind of a person on conduct of medical enquiry in high court and appointed guardian will it be liable to open again in supreme court?
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Aap court se certified copy receive kar sakte hai. Yadi aap ke pass aisa koi evidence hai ki court usko reopen kare. Evidence hona chahiye tabhi court case ko reopen kar sakti h.
Yadi satisfied ho to respond kare.
Yadi satisfied ho to respond kare.
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Vaidehi Samant
Responded 2 years ago
A.Yes providing a certified copy is necessary for filing SLP which you can easily procure from the lower Court or you can file the matter first and later at the objection removal stage you can include the certified copy.
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If you have found this advice helpful than please provide review and give ***** as appreciation. Thank you.
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Sidhaarth
Responded 2 years ago
A.Yes, you have file copy of order. If certified copy of order us not available then you can file photocopy and can simultaneously apply for certified copy and in such case necessary application seeking exemption from filing certified copy or order with undertaking to place certified copy of order on record as and when the same will be available. Being petitioner you are bound to supply copy of order irrespective of the fact that OP has copy. Rest is merrit of case for which details are required to be examined.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
If a person has been adjudged unsound by the HC on medical enquiry and has been appointed a guardian then it need not be opened before the SC again unless proper procedure has been followed. Further, under Order 41 rule 1, it is compulsory to present the decree before the higher court from which the appeal has arisen.
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If a person has been adjudged unsound by the HC on medical enquiry and has been appointed a guardian then it need not be opened before the SC again unless proper procedure has been followed. Further, under Order 41 rule 1, it is compulsory to present the decree before the higher court from which the appeal has arisen.
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A.Hi,
Yes, it is a mandate since the appeal arises from the very decree passed by the lower court. Secondly, the happening of the subsequent question is contingent. If there has been any kind of malfeasance while appointing a guardian the matter will be liable to be opened again before the SC.
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Yes, it is a mandate since the appeal arises from the very decree passed by the lower court. Secondly, the happening of the subsequent question is contingent. If there has been any kind of malfeasance while appointing a guardian the matter will be liable to be opened again before the SC.
If you find my answer helpful then kindly rate me.
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A.As per Order 41 Rule 1 every appeal must be accompanied with a copy of the judgment. In my opinion if it is not then it will be considered as defective. Any matter decided in High Court is still appealable at the Supreme Court, in general, but for specific case one has to see the case papers and the judgement and tell whether appeal is allowed or disallowed in the matter.
ORDER 41, RULE 1 of CIVIL PROCEDURE CODE 1908
1. Form of appeal. What to accompany memorandum. - (1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the decree appealed from and (unless the Appellate Court dispenses therewith) of the judgment on which it is founded:
[Provided that where two or more suits have been tried together and a common judgment has been delivered therefor and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, the Appellate Court dispense with the filing of more than one copy of the judgment.]
ORDER 41, RULE 1 of CIVIL PROCEDURE CODE 1908
1. Form of appeal. What to accompany memorandum. - (1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the decree appealed from and (unless the Appellate Court dispenses therewith) of the judgment on which it is founded:
[Provided that where two or more suits have been tried together and a common judgment has been delivered therefor and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, the Appellate Court dispense with the filing of more than one copy of the judgment.]
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A.Dear Sir,
Yes, certified copy is necessary.
Yes, certified copy is necessary.
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