https://www.taxtmi.com/caselaws?id=299467 Delay in filing the appeal was not condoned because the explanation for misplacement of copying slips and the belated filing of certified copies was unsatisfactory, with negligence not adequately explained on the facts. The court also construed the proviso to section 40(2) of the Specific Relief Act, 1963 to mean that the expression "at any stage of the proceeding" includes appellate proceedings, since an appeal is a continuation of the suit; therefore, amendment of the plaint to claim damages could be allowed even at the appellate stage. Despite that legal position, the appeal failed on limitation and the dismissal decree was maintained. en-us Fri, 27 Jan 1978 00:00:00 +0530 Wed, 15 Dec 2021 18:03:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299467 Delay in filing the appeal was not condoned because the explanation for misplacement of copying slips and the belated filing of certified copies was unsatisfactory, with negligence not adequately explained on the facts. The court also construed the proviso to section 40(2) of the Specific Relief Act, 1963 to mean that the expression "at any stage of the proceeding" includes appellate proceedings, since an appeal is a continuation of the suit; therefore, amendment of the plaint to claim damages could be allowed even at the appellate stage. Despite that legal position, the appeal failed on limitation and the dismissal decree was maintained. Case-Laws Indian Laws Fri, 27 Jan 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299467