(1.) This is an application for leave to appeal to His Majesty in Council, and it is directed against a judgment passed by a Division Bench of this Court on the 29 August, 1922.
(2.) A preliminary objection has been taken before us that the application is filed out of time and that it should be rejected on that account. It is necessary, therefore,, to give certain dates. As I have stated the judgment was delivered on the 29 of August, 1922. The decree was signed on the 31 of August, 1922. On November 27 of the same year an application was presented for review of judgment. This application was rejected on July 30, 1923. The present application was filed on August 3,1923.
(3.) It was at first suggested to us, that even if the whole period during which the application for review was pending be deducted, this present application is out of time. This suggestion, however, appears to be due to a mistake in an office note: the application for copy of the judgment was made on November, 22, and not on November, 27.