RAJINDRA RAM Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) This appeal, being an appeal from original Order No. 557 if 1994, was taken up for hearing by this Division Bench and during the hearing of this appeal, an application under S. 5 of the Limitation Act was presented for condonation of initial 103 days' delay in filing the memorandum of appeal.

(2.) Accordingly, a question arose whether the court can entertain this application under S. 5 of the Limitation Act in an appeal which is pending and which is, on the face if it, defective.

(3.) The appeal was against the order dared May 20,1994, passed by the Hon'ble Mr. Justice 'Prabir Kumar Mazumdar, (as His Lordship then was), in Matter No. 165 1 of 1993. As per the usual and long standing practice prevailing in the Original Side of this Court, as a prevalent, acting under Chapter 31, Rule 29(11) of the Original Side Rules, and having the force of law under Chapter 40, R. 3, the appellant was allowed to file the memorandum of appeal without certified copy of the order appealed from subject to the undertaking that the said certified copy would be flied within the period of limitation after excluding the time requited by the department concerned in make it ready for filing thereof within the meaning of S. 12(2) of the Limitation Act, 1963.