UNION OF INDIA Vs. SUNIL KUMAR CHATTERJEE

JUDGEMENT

(1.) This appeal under Clause 10 of the letters Patent is directed against the judgment of a learned Single Judge of this Court dated 13-3-1970 whereby the writ petition filed by the respondent under Articles 226 and 227 of the Constitution was allowed. The appellants are Union of India and the Railway Board, New Delhi.

(2.) At the hearing of the appeal, a preliminary objection has been raised by the counsel for the respondent to the effect that the appeal is barred by time. The appellants have also filed an application (C.M. No. 1303 of 1970) for condonation of delay under section 5 of the Limitation Act, 1963 setting out the facts on which it is said that there was sufficient cause for the delay in filing the appeal, being condoned.

(3.) The facts are that the judgment of the learned Single Judge was delivered on 13-3-1970. An application for grant of copies was filed on behalf of the appellants on 17-3-1970. The copy was ready on 31-8-1970 and delivery was taken by the counsel for the appellants on 2-9-1970. The appeal was filed on 3-10-1970. It is common ground that if the time taken by the appellants in taking delivery of the copy which was ready on .31-8-1970 is allowed the appeal should have been filed on 29-9-1970. There was thus a delay of 3 days in filing the appeal. On the other hand if no such time is allowed to the appellants the appeal was delayed by 5 days.