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july 1992

Supreme Court of India · 1992-07-17

P.A. OOMMEN vs MORAN MAR BASELIUS MARTHOMA MATHEWSI&ORS

Citation / case number
SC 1992/82777
Court
Supreme Court of India
Petitioner
P.A. OOMMEN
Respondent
MORAN MAR BASELIUS MARTHOMA MATHEWSI&ORS
Author
N.M. KASLIWAL
Bench
N.M. KASLIWAL

Judgment text excerpt

The Supreme Court held that the proviso to Order XLI Rule 1 of the Code of Civil Procedure, 1908, allows for the dispensation of filing multiple copies of a common judgment in cases with more than one appeal. However, it does not permit one appellant to rely on the certified copy obtained by another appellant for the purpose of limitation. The Court dismissed the appeal, affirming that the plaintiffs in the transferred suit could not claim the benefit of the time taken by the other plaintiffs in obtaining their copy of the judgment, as they failed to file a separate application for condonation of delay.

P.A. OOMMEN vs MORAN MAR BASELIUS MARTHOMA MATHEWSI&ORS · Niyam