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Vidyawati Gupta & Ors vs Bhakti Hari Nayak & Ors on 3 February, 2006

16. Saket Sikri, Counsel appearing on behalf of the Appellant has argued CA (AT) (Ins) No. 1136 of 2022. It is submitted by him that since the impugned order was passed on 10.06.2022 and the appeal has been filed on 11.07.2022, therefore, this appeal is within limitation because the period would start running from 11.06.2022 as the date on which the impugned order was passed has to be excluded as per Rule 3 and Section 12 of the Act. In this case also, the certified copy was applied on 12.08.2022, even after the expiry of total period of 45 days and without filing an application for seeking exemption from filing certified copy of the impugned order. Counsel for the Appellant has submitted that filing of the certified copy after the order is passed by the Court is a curable defect and in this regard, he has referred to a decision of the Hon'ble Supreme Court rendered in the case of Vidyawati Gupta and Ors. Vs. Bhakti Hari Nayak and Ors. (2006) 2 SCC 777 and has referred to Paras49 and 50 which is reproduced as under:-
Supreme Court of India Cites 20 - Cited by 81 - A Kabir - Full Document
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