RAGHUBAR DAYAL, J. - (1.) THIS is a Government appeal against the order of Shri Laxmi Kant, Judicial Magistrate, first class, Kanpur, dated 21st December 1948 in case No. 280 of 1948. It was filed on 29th October 1949. The office report shows that the appeal was beyond time by more than four months. It was put up before the Court on 4th November and the Court allowed two weeks for the filing of an application under Section 5, Limitation Act, supported by an affidavit.
(2.) ON 16th November 1949 an application under Section 5, Limitation Act, was filed and it was put up before this Court on 17th November 1949. The affidavit was filed by Shri A.M. Hajaila, Income tax Officer, Kanpur Paragraphs 5 and 6 are : "5. That the copies of the judgment were applied for on 8th January 1949 and issued on 21st May 1949 and it was an accidental slip in not mentioning the dates of applications for copies and their delivery on the back of the judgment. 6. That on 11th November 1949 Officer -in Charge of copying department Collectorate, Kanpur, certified that copies of judgments in Rex v. Kashi Prasad under Section 52, Income -tax Act, and Section 177, Penal Code, were applied for on 8th January 1949 and copies in the two cases were issued on 21st May 1949. The certificate is attached along with the affidavit."
(3.) THE Court ordered on 17th November that the copy of the judgment supplied to the Crown in this case did not mention the date on which the application was made and the date on which the copy was ready and notice was given for taking it away, and directed that the copy be sent bank to the District Magistrate, Kanpur, for having the defect rectified. The copy of the judgment was accordingly sent to the District Magistrate on 18th November. The copying department of the District Magistrate, it appears, then sealed this copy with the stamp of "true copy" on 29th November 1949. In his letter dated 30th November 1949, the District Magistrate informed this Court that the copy of the judgment sent to him was not applied for, but was prepared in the office of the Income -tax Officer and was certified as true copy after comparison in his office. He also stated in his letter that another copy was applied for on 8th January 1949 and was prepared on 21st May 1949, on which day the notice for taking it away was also given.;