MAUN HAKMICHAND JAGJIVAN Vs. MAUN VANMALI JAGJIVAN

JUDGEMENT

(1.) THE appellants contention is that his application is within time because of an application for leave to appeal to the Supreme Court which he had filed and he contends that the time spent in pursuing that application should be excluded. His contention is that the application is in fact an appeal to the Supreme Court. An application for leave to appeal under Article 136(1)(c) and an application for special leave to appeal under Article 137 of the Constitution should be excluded from the computation of the period of limitation. It is clear in Article 133(1)(c) of the Constitution that an appeal lies to the Supreme Court after the High Court certifies that the case is a fit one for appeal. After the grant of a certificate a regular appeal has to be filed in the Supreme Court. It is only then that the appeal is filed THE same argument applies in the case of Article 136 of the Constitution. THE period therefore taken in filing an application for leave to appeal or for a certificate cannot be treated as period taken in appeal and therefore the period cannot be excluded from the limitation. THE execution application was therefore rightly dismissed. THE appeal is dismissed. No order as to costs. Appeal dismissed.