RAMENDRA MOHAN DATTA, J. - (1.) THIS application is made by the respondent in the above appeal for an order, inter alia, that the appeal herein be dismissed as being barred by limitation, There is an alternative prayer to the effect that the order granting leave to file the memorandum of appeal without the certified copy of the decree be cancelled or recalled or withdrawn and the leave granted be revoked and/or set aside and the appeal be dismissed on the ground of non -compliance by the appellant with the undertakings given at the time of the admission of the appeal.
(2.) IT is not necessary to go into the details of the facts except to mention thatthe hearing of the suit lasted for more than 32 days and, thereafter, the suit was dismissed with costs on or about April 11, 1974. On the very same date the plaintiff appellant gave requisitions for drawing up of the decree and for a certified copy thereof. The plaintiff appellant was granted leave to file the memorandum of appeal on or about August 2, 1974 without the certified copy of the said decree on the undertakings given to court: (a) To file the certified copy of the said decree within the period of limitation; (b) To cause the order dated 2nd Aug., 1974 to be drawn up and included in the paper book to be filed herein; and (c) To cause a list, of all dates relevant to the question of limitation to be prepared and to include the same in the said paper book. After filing the said memorandum of appeal the appellant on the application of the respondent by way of security for costs, gave an undertaking to the Appeal Court that the appellant would not deal with or dispose of her remaining 6 1/2 annas share in the suit property which is alleged to have been purchased by the appellant in execution of the mortgage decree pending the final disposal of the appeal.
(3.) IN compliance with the said third undertaking as enumerated above the appellant prepared and included a list of all dates relevant to the question of limitation in the paper book at page 2243 as follows : Re: Decree dated 11th April, 19741. Date of furnishing requisition for drawing up ofthe decree...... 11 -4 -74,2. Date of furnishing requisition for certified copyof the decree...... 11 -4 -743. Draft decree received on 28 -5 -75.4. Decree settled on 4 -7 -75.5. Decree signed on 11 -7 -75.6. Decree filed on 25 -2 -76.7. Folios assessed on 1 -3 -76.8. Stamp furnished on 1 -3 -76.9. Certified copy of decreeready for delivery on 19 -3 -76.10. Certified copy of decree filed before Appeal Sectionon. 24 -3 -76.11. Memorandum of appealfiled in Court on. 2 -8 -74. We do hereby certify that the abovestatement is correct. D. P. Sarvadhikary& Co. Attorney for the appellant'. ;