Code of Civil Procedure, s. 47, O. 41 r. 1-Appeal against order on objection under s. 47 filed without certified copy of order-Appeal whether competent-Admission of appeal by High Court whether implies that High Court dispensed with filing of certified copy- Limitation Act, 1963, s. 5-Delay in filing appeal when may be condoned. 

One of the respondents herein filed an application for execution of a final decree in a partition suit. The appellant filed objections under s. 47 Code of Civil Procedure. The Subordinate Judge dismissed the objections in January, 1967; the decision was not in the form of a decree because the relevant rules and orders did not require it to be so. In March, 1967 the appellant filed an appeal against the above order in the High Court. With the appeal she filed a plain copy of the order and an application praying that the appeal be entertained without a certified copy. She also filed an application for stay of execution. The High Court admitted the appeal, granted interim stay and directed issue of notice to the respondents. The attention of the High Court was not drawn to the fact that certified copy of the order had not been filed, nor was any application for dispensing with the certified copy moved. In October, 1967 the respondents raised an objection that the appeal was incompetent as a certified copy of the order E under appeal had not been filed. On November 3, 1967 the appellant filed an application for condonation of the delay in fling the copy under s. 5 of the Limitation Act. On November 6 she obtained a certified copy and on the same day filed it in court. The High Court held that as the memorandum of appeal was not accompanied by a certified copy of the order, the appeal was incompetent and that there was no sufficient ground for condonation of the delay. By special leave the appellant came to this Court.