STATE Vs. MOTILAL GANGULY

JUDGEMENT

(1.) These two Rules arise out of two petitions under Section 5 of the Limitation Act explaining the delay in filing the appeals in question.

(2.) The uncontroverted facts are that the judgment was delivered on September 30, 1975. Application for certified copies were made on October 3, 1975. Certified copies were supplied on December 11, 1975. On calculation the last day of filing of the appeals would be March 6, 1976. But the appeals had been preferred on April 1, 1976. There is, therefore, a delay of 25 days in filing of the two appeals in question. This delay is sought to be explained in the petitions under Section 5 of the Limitation Act in para. 4. The relevant allegation is that the certified copies of judgment and decree were placed before the learned Advocate Mr. P.N. Palit on March 7, 1976, for drafting the memoranda of appeals. The appeals were preferred by the State of West Bengali The learned Advocate due to mistake in calculation advised the State that the last day for filing of the appeals was April 1, 1976. The file together with the memoranda of appeals were returned on March 28, 1976 and thereafter, orders of the Legal Remembrancer was obtained thereon for filing the appeals. The appeals were then filed on April 1, 1976.

(3.) The question is whether on these facts alleged, in the affidavit, if the facts are even established, whether sufficient cause of delay stands established.