Himachal Pradesh Court July 1973 Judgments
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Kirpa Ram and anr. Vs. Malha and ors.
Court: Himachal Pradesh
Decided on: Jul-03-1973
Reported in: AIR1974HP9
D.B. Lal, J.1. This second appeal is directed against the decision dated 11-12-1968 of the District Judge Simla, wherein the decision of the Senior Sub-Judge Chamba in a suit for declaration and possession relating to 35 bighas and odd land situate in Mohal Balana. Pargana Bhatti Tikri of District Chamba, has been set aside and the suit has been decreed. Accordingly the defendants have come up in second appeal in this Court.2. The second appeal was filed on 18-3-1969. It is admitted on all hands that the appeal was time barred by three days. On 19-3-1969 the Deputy Registrar made a note signifying (a) that the correct provision of law under which the appeal was filed was not stated, (b) that the valuation for purposes of jurisdiction was not given, (c) that the appeal was time barred by three days, (d) that the judgment of the trial Court was not filed, and (e) that the application was given under Section 5, Limitation Act. which also contained the prayer for permission to file a copy ...
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