STATE OF WEST BENGAL Vs. BISWANATH GHOSH

JUDGEMENT

(1.) This is an application for condonation of 192 days' delay in presenting the appeal. This is a Mandamus Appeal and that this' appeal which was filed 192 days' after the period of limitation expired and was presented before this Court without any certified copy of the judgment/order appealed against.

(2.) In connection with the application for condonation of delay a question had arisen whether the above appeal has been properly presented or not, inasmuch as if the appeal has not been properly presented in that event there is no valid presentation of the appeal in the eye of law and accordingly the question of condonation of delay in preferring an appeal which has not been properly presented does not and cannot arise at all. On the contrary, if the appeal was validly presented; in that even the question of condonation of delay arises.

(3.) The learned Advocate appearing for the Petitioner submitted that as because this is an appeal against an order passed by a learned single Judge under Article 226 of the Constitution of India no certified copy is required to be filed and in this connection our attention was drawn to Clause 15 of the Letters Patent read with Chap. VIII of the Appellate Side Rules of this Court.