TMI Blog1977 (8) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... cations covered an area of 117 Kanals and the other of 76 kanals odd. . . . . These applications were dismissed first by the Assistant Collector and in appeal by the Collector. The appellant then filed revision applications to the Commissioner, who, on March 1, 1965 made a recommendation to the, Financial Commissioner to the effect that the orders of the Collector and the Assistant Collector be set aside and a decree for ejectment be passed against the respondents. By his order dated November 26, 1965 the Financial Commissioner accepted the recommendation with regard to the area of 76 Kanals and passed a decree evicting the respondents from that land. That order his become final. In the other Revision pertaining to 117 Kanals, the Financial 'Commissioner by an order dated November 4, 1965 held that the ejectment-petition filed by the appellant had become infructuous in view of the fact that the land was acquired by the Amritsar Improvement Trust, which had already taken possession thereof. According to the Financial Commissioner, since the Improvement Trust had taken possession of the land, respondents ceased to be tenants and the question of their ejectment did not arise f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... because it is not accompanied by the requisite three spare copies of the paper-book ? This question was answered by the Full Bench thus : The above discussion leads to the conclusion that if an appeal under clause 10 of the Letters Patent does not corn ply with the mandatory provisions of Rule 3 of Chapter 2-C of the Rules by not filing three sets of typed copies of the documents, it has to be regarded as no appeal in the eve of law and shall not be deemed to have been filed on 6--768SCI/77 that day. It shall be deemed to have been filed only on the day when it is complete in an respects, as required by the Rules, and is accepted for registration by the Registry. The Division Bench then took up the appeal for consideration of the question whether the delay caused in filing the appeal should be condoned under S. 5 of the Limitation Act. By a judgment dated September 26, 1964 it held that the appellant had failed to make out a case for condonation of the delay and, therefore, the appeal was liable to be dismissed on the ground that it was barred by limitation. The appeal was accordingly dismissed, against which the appellant has filed this appeal by certificate granted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t exceeding 10 days at a time, and 40 days in the aggregate, to be fixed by him, any memorandum of appeal for the reason specified in Order XII, Rule 3, Civil Procedure Code. If the memorandum of appeal is not amended within the time allowed by the Deputy Registrar under sub-rule (1), it has to be listed for orders before the Court under sub-r. (2). Chapter 2-C, Part C, which deals with Preparation of paper books in Letters Patent Appeals , provided by rule 3 that no appeal under clause 10 of the Letters Patent will be received by the Deputy Registrar unless it is accompanied by three typed copies of (a) the memorandum of appeal; (b) the judgment appealed from; and (c) the paper-book which was before the Judge- from whose judgment the appeal is preferred. In the instant case, only one set of documents was filed along with the Memorandum of the Letters Patent Appeal. Nevertheless, the Deputy Registrar did receive the appeal on Dec. 23, 1970. He accepted the remaining two sets of the documents required to be filed under rule,3 on January 30, 1971. The judgment of the Full Bench, Bikram Dass Dass v. Financial Commissioner, A.I.R. [1975] Punjab. 1 in pursuance of which the Di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cribed for filing Letters Patent Appeals. That is a fallacious assumption. The appeal was presented within 10 days, which is the period of limitation for filing Letters Patent Appeals. There was, however, an irregularity in presenting the appeal, namely, that the appeal was accompanied by only one set of the three items mentioned in rule 3 of Chapter 2- C which requires that three sets should be filed. Ride 3, being directory in nature, substantial compliance therewith is enough to meet its requirements. There was, in the instant case, substantial compliance with the rule and therefore, it was erroneous to treat the appeal as being barred by limitation. The irregularity committed in filing only one set of the three documents mentioned in rule, 3 of Chapter 2-C was cured within a reasonable time by filing the remaining two sets on January 30, 1971. That was within 40 days of the date on which the appeal was preferred, which is the time which the Deputy Registrar can grant in the aggregate, under rule 5(1) of Chapter 1, for amendment of a memorandum of appeal which does not comply with Order 41, rule, 3, C.P.C. The Letters Patent Appeal was taken up by the Admitting Bench for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complete set was filled with the memorandum and the remaining two sets were filed within a reasonable, time thereafter. It is not necessary to send back this matter to the High Court, since the parties have arrived at a settlement. The appellant. agrees that the sum of ₹ 25,734/- which is kept in a fixed deposit account in the names of respondent 4 (Dayal Singh), respondent 5 (Harbhajan Singh) and respondent 6 (Harbans Singh) in the Punjab National Bank, Amritsar, may be, withdrawn unconditionally by these respondents, together with the interest which may have accrued on the aforesaid amount. Mr. Sikri, on behalf of the three respondents, gives up all the rights and contentions in the matter and agrees that his clients shall have no right to participate or share in any further or higher amount which may be granted by way of compensation for the acquired land. The appellant, on his part, agrees that be will not be entitled to recover from respondents 4, 5 and 6 any amount by way of arrears of rent. Since respondents 4, 5, and 6 have given up their contentions in the suit, their rights shall stand transferred to the appellant. The appeal shall stand disposed of accordingly. ..... 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