UNION OF INDIA Vs. WAZIR SINGH

JUDGEMENT

(1.) This is a special appeal, by certificate, under Section 18 of the Rajasthan High Court Ordinance, from the judgment and decree dated October 5, 1967, by a learned single Judge in Section B. Civil Regular Second Appeal No. 108 of 1962; (Reported in AIR 1968 Raj 224) whereby the learned Judge allowed the appeal filed by plaintiff Wazir Singh and decreed the plaintiff's suit for Rs. 2.164/-, with interest pendentelite and future interest at the rate of 6 per cent per annum.

(2.) Two preliminary objections have been raised on behalf of the plainliffrespondent to the maintainability of the appeal, and since it is not necessary to narrate the facts giving rise to the appeal for the disposal of the preliminary objections, we proceed straight to state the preliminary objections,

(3.) The first preliminary objection, raised by the learned counsel for the respondent, is that the certificate granted by the learned single Judge was incompetent inasmuch as leave has been granted after the time prescribed for the same had expired. It is submitted that the judgment under appeal was pronounced on October 5, 1967. No application, oral or written was made by the appellant to the learned single Judge for declaring the case a fit one for appeal, before or at the time when the judgment was delivered. Consequently, it is urged that any subsequent application for grant of such declaration was barred by time.