MALU RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) In. this Letters Patent Appeal, an application has been made under Sec; 5, Indian Limitation Act, and under Rule 4, Part A (a) Chapter I, Vol. V, Rules and Orders of the Punjab High Court for condoning the delay in presenting this appeal within the period of limitation prescribed by Rule 4.

(2.) The facts relevant for considering this application are that the Judgment and decree of Harbans Singh, J., a Judge of the Punjab High Court, which is appealed against under clause 10 of the Letters Patent of the Lahore High Court, were passed on 16-1-1962. Art application for a copy of that judgment was made on 19-1-1962 and it was prepared on 9-3-1962. AH application for leave to appeal under the Letters Patent was presented on 30-3-1962. This application came up for hearing before Harbans Singh, J. on 25-2-1963 and leave was granted by the learned Judge. The appeal complete with court-fee was, however, presented in this Court on 7-3-1963. It may be pointed out that the grounds of appeal had, as stated on behalf of the appellants, been attached with the application for leave to appeal as required by the rules.

(3.) It may here be pointed out that under Rule 4, it is expressly provided that no memorandum of appeal under clause 10 of the Letters Patent should be entertained if presented after the expiration of 30 days from the date of the judgment appealed from unless the admitting Bench in its discretion, for good cause shown, grants time for the presentation. In the case in hand. the admitting Bench (D. K. Mahajan and Shamsher Bahadur JJ.) did not grant further time on 1-8-1963 when the appeal was admitted. The Bench on the other hand directed the question of limitation to be settled by the Bench hearing the appeal. In accordance with Rule 4. therefore this appeal would seem to be barred by time and this Bench would not be authorised to grant further time for the purpose of getting over the time lapse beyond the period of 30 days.