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    <title>1960 (12) TMI 89 - Supreme Court</title>
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    <description>Order 41 Rule 1 CPC requires an appeal to be accompanied by copies of the judgment and decree, but an appellant is not to be penalised where the decree has not yet been drawn up by the court despite a timely request for a certified copy. In that situation, the appeal is treated as premature rather than wholly incompetent, and time may be allowed to cure the defect. For limitation purposes, Section 12(2) of the Limitation Act includes the period consumed by the court in preparing and signing the decree when the copy was applied for before the decree was drawn up. The appeal was therefore within limitation once the decree was filed.</description>
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    <pubDate>Mon, 05 Dec 1960 00:00:00 +0530</pubDate>
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      <title>1960 (12) TMI 89 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=187686</link>
      <description>Order 41 Rule 1 CPC requires an appeal to be accompanied by copies of the judgment and decree, but an appellant is not to be penalised where the decree has not yet been drawn up by the court despite a timely request for a certified copy. In that situation, the appeal is treated as premature rather than wholly incompetent, and time may be allowed to cure the defect. For limitation purposes, Section 12(2) of the Limitation Act includes the period consumed by the court in preparing and signing the decree when the copy was applied for before the decree was drawn up. The appeal was therefore within limitation once the decree was filed.</description>
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      <pubDate>Mon, 05 Dec 1960 00:00:00 +0530</pubDate>
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