Subramonian Poti, A.C.J:— By reason of a note put up by the office the matter has come up before us. This is a matter of common occurrence and therefore it is good that the, matter has reached our notice.
2. Generally for the purpose of filing appeals against orders of the single Judge certified copies of orders produced are copies issued by this Court on applications made for that purpose, transcribing from the original and certifying that such copies are true copies. Generally that is what we understand by the term ‘certified copy’. It may so happen that on oral application or written application made a carbon copy may be issued by the Court. There is such a practice and such practice is warranted by R. 126(2) of the Rules of the High Court of Kerala. When such a carbon copy is issued to a party is it to be treated as a certified copy? This question is of considerable significance, for, if that has to be considered as a certified copy then the time for filing an appeal begins to run from the date of service of that copy unless it be that even earlier a certified copy has been obtained b??? the parties. It may be open to a party to apply for and obtain more than one copy and in such a case time must necessarily begin to run at the earliest point of time when the party gets the first copy.
3. R. 128(1) deals with the right of a person to obtain a copy of any proceeding. That would be a certified copy. R. 128(2) deals with, any party to a proceeding applying orally to the court immediately after the judgment or order is pronounced for a carbon copy of the order of judgment and it further provides that if the court so directs “a carbon copy duly certified” will be issued to the party. Therefore the copy issued by the court-as a carbon copy is also a duly certified copy though it is no??? a transcription from the original. It stands to reason to hold that the issue of a carbon copy duly certified by the court should have the same consequence as issue of a transcribed copy as a certified copy, for, in both, the idea is that the party should get time from the date he comes to know of the order and the period lost in applying earlier is counted and the period lost in cons dering the question of filing the appeal after the copy is received is also counted for the purpose of reckoning the period of limitation.
4. We therefore hold that a carbon copy issued to a party duly certified by the court would be sufficient for the purpose of filing the appeal and time should be reckoned with reference to such carbon copy if between such a carbon copy is received earlier than a certified copy. In other words time will begin to run when once it is shown that a carbon copy has been issued.
5. ‘Duly certified’ need not necessarily be by express words of certification. Sufficient authenticity in the copy supplied to the party to indicate that it is not an unofficial or informal copy, but a copy officially issued by the court under the authority of the court would be sufficient to treat it as a, duly certified copy. Accordingly we hold that the copy produced in this case would be sufficient for the purpose of the appeal. The question whether there is delay may be considered with reference to that copy unless it be that a certified copy has been obtained by the party earlier and there wou???d be delay if time is reckoned in accordance with that copy.
6. Order accordingly.