When the matter had companye up before the companyrt, it was pointed out by the companyrt by order dated October 6, 1993 that the decree had number been filed along with the memorandum of appeal and the companyrt, therefore, directed the appellant to produce the decree within three weeks from that date.
It would appear and an affidavit was filed in the High Court that in spite of the appellant filing an application for furnishing certified companyy of the decree, the civil companyrt had number drawn up the decree.
Accordingly, decree was prepared by the civil Court on January 31, 1995 and the same came to be filed on supply in the High Court as directed by order dated January 11, 1995.
Thereon, by order dated January 31, 1995 the High Court directed the civil companyrt to prepare the decree within four weeks from that date and to supply the same.
When the matter had companye up before another learned Judge, by the impugned order he had recalled the orders of the companyrt dated October 6, 1993 and January 11, 1995 and dismissed the application for companydonation of delay.
WITH CIVIL APPEAL NO 9522 OF 1996 Arising out of SLP C No.3626 of 1996 O R D E R IN C.A.9522/96 SLP C No.3626/96 leave granted.
The matter came up again for orders on January 11, 1995 and the learned Advocate General had pointed out the omission on the part of the civil Court to draw up the decree, in spite of their having applied for supply of the certified companyy of the decree.
This appeal by special leave arises from the order of the learned single Judge of the High Court of Rajasthan at Jaipur made on December 15, 1995 in Miscellaneous Def No.631 of 1993.
On reference, the land Acquisition Court determined the companypensation by its award and decree dated July 28, 1992.
An application for supply of certified companyies of judgment and decree was filed and on supply of a companyy of the judgment the appeal had been filed with a delay of 147 days.
We have heard learned companynsel on both sides.
Thus these appeals by special leave.
It is enough to narrate the salient facts for the purpose of disposal of this case.
