LAWS(GAU)-1982-8-10

GANESH PANDIT Vs. THE STATE OF ASSAM

Decided On August 16, 1982
Ganesh Pandit Appellant
V/S
The State Of Assam Respondents

JUDGEMENT

(1.) THIS is an application purported to be Under Section 5 of the Limitation Act for condoning the delay in presenting the appeal.

(2.) THE Appellant -Petitioner was convicted on 11.6.82. Upon conviction be was jailed and there was none to look after his case and the only person to take steps on his behalf was his poor wife. The wife on collection of the certified copy of the judgment and other materials approached the lawyer to prepare the Me morandum of Appeal and filed it in the High Court on 26.7.82. According to the office, the appeal is barred by limitation by 15 days.

(3.) HOWEVER , I would observe that in the instant case, Mr. R. L. Yadav, learned Counsel for the Petitioner -Appellant took up another plea. His point is that there was, summer recess from 11th to 25th July, 1982 (including Sundays and holidays) laud this period must be excluded as the High Court was closed, as contemplated under Section 4 of the Indian Limitation Act In support of the contention Mr. Yadav has placed before me a decision of the Calcutta High Court reported in, 1959 CWN 684 Akhtari Bibi v. Rajlakshmi Devi, I am constrained to hold that the fact situation of that, case was different. In the present case, the High Court no doubt declared holidays from 11th to 25th July, 1982 as Summer recess, but filing of applications, appeals and other matters was permitted throughout the working hours during the summer recess, and it was done by the order of the High Court. The relevant part of the order reads as follow: