SHEIKH MAULA BUX Vs. UNION OF INDIA
LAWS(ALL)-1964-7-4
HIGH COURT OF ALLAHABAD (FROM: LUCKNOW)
Decided on July 30,1964

Sheikh Maula Bux Appellant
VERSUS
UNION OF INDIA Respondents


Cited Judgements :-

J.ELLAPPA REDDY VS. GALI SUBRAHMANYAM NAIDU [LAWS(APH)-1969-1-23] [REFERRED TO]
SHIROMANI SINHA VS. U.P.S.R.T.C. LUCKNOW [LAWS(ALL)-2018-3-503] [REFERRED TO]


JUDGEMENT

NIGAM,J. - (1.)JUDGEMENT The Judgment in the appeal was delivered by us on 20th December, 1963. The present application for leave to appeal to the Supreme Court under Article 134(1)(a) and (c) of the Constitution of India was presented on 15th April, 1964. The office has objected that this application in barred by time. The office report is, however, not quite clear.
(2.)WE have heard the learned counsel for the parties on the question of limitation. The learned Junior Standing Counsel has urged that the application is barred by time.
Facts relevant for the purpose are that an application for a copy of the judgment was filed on 21-12-68 and it was ready for delivery on 8-1-64. Annexure-3 is a copy of the decree. There is no clear indication on the copy of the decree as regards the date of the application for copy and the date of posting of the notice on the notice board but certain figures are mentioned at the foot of the copy on the last page and it appears to us that they furnish satisfactory information on these points. If these figures are accepted, the copy for application was given on 14th January, 1964. This is also the date on the stamp for Rs. 1.50 Paisa affixed on the first page of the decree. According to this entry the notice was posted on the notice board on 10-2-64. Apparently, this information is also reliable for the date under the signature of the certificate of true copy is 10-2-64.

In any case, there is no challenge to the statement that the application for the copy of the decree was presented on 14-1-64 and the notice that it was ready was posted on the notice board on 10-2-64.

(3.)IN the circumstances, if the new Limitation Act (Central Act XXXVI of 1963) applies without the provisions of S. 12, the application would be barred by time. If, on the other hand, the old Limitation Act, 1908 is to apply the application would be within time.


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