STATE OF TRIPURA Vs. NARESH CHANDRA PAUL

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act seeking to condone the delay of 329 days in presenting this Writ Appeal.

(2.) We have perused the cause shown in the application. It is an admitted fact that the judgment and order made by the learned. Single Judge in the writ petition was delivered on 11th July, 1996, whereas the appeal was presented on 25.7.97. At the outset, the calculation made to show in the application that there is a delay of ten months and twenty days, is erroneous because according to proper calculation, as required by law under Section 5 of the Limitation Act, the number of days delayed would be 379 days. The time taken to obtain the certified copy is fifty days. So, if we deduct the time taken from the total number of days delayed, the accurate number of days delayed would be 329 days.

(3.) The cause shown in the application under Section 5 of the Limitation Act is that after obtaining the certified copy of the order appealed from, there has been some delay in getting the opinion of the Law Department to enable the appellant to present this appeal.