BAIJNATH Vs. DOOLAREY HAJJAM

JUDGEMENT

(1.) This is an application for leave to appeal under the Letters Patent and for extension of time.

(2.) Had the judgment been delivered before the amendment of Section 10 of the Letters Patent came into force no leave would have been necessary and a substantive right of appeal could not be taken away by a subsequent amendment of the Letters Patent. The amendment came into force from the date of its publication in the Gazette, namely, 28 January 19283. The judgment in the present case was delivered after this date, hence leave is necessary.

(3.) As regards the prayer for extension of time, it is quite clear that Section 5, Lim. Act, does not apply to this case, for the period is fixed not under the Limitation Act, but by special rules framed by this Court. Under Chap. 3, Rule 6 of the old rules there was power to extend the time for good cause shown. Under the new Rule 6 (A), there is no power to extend the time if 60 days have expired.