IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
FAO No.3253 of 2009 (O&M)
Date of decision: November 5, 2009.
Parkash Chand
...Appellant(s)
v.
Mohar Singh & Ors.
...Respondent(s)
CORAM:HON’BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Shri Vimal Kumar Gupta, Advocate, for the appellant.
Rakesh Kumar Garg, J. (Oral):
This appeal has been filed by the claimant challenging the
award of the Tribunal, thereby claiming enhancement in the compensation.
No certified copy of the impugned award has been attached
with the appeal as required under Order 41 Rule 1 CPC, instead an
application for granting exemption to the appellant from filing the certified
copy of the impugned award was filed which stood rejected vide order dated
9.10.2009.
Today, learned counsel appearing on behalf of the appellant has
argued the case on merits and nothing has been argued/prayed with regard
to compliance of the provisions of Order 41 Rule 1 CPC. Even no prayer
has been made to allow the appellant to place on record a certified copy of
the impugned award.
In my view, in the absence of any certified copy of the
impugned award, there is no properly constituted appeal before this court.
Thus, I find no merit in this appeal and the same is dismissed.
November 5, 2009. [ Rakesh Kumar Garg ] kadyan Judge