A. K. Ganguly and Tapan Kumar Dutt, JJ. - (1.) Heard learned counsel for the parties.
(2.) This is an application for condonation of delay in connection with presentation of the appeal from an award passed under the provisions of Calcutta Improvement Act. The following dates are relevant for the purpose of considering the prayer for condoning the delay. The award was passed under the provisions of Calcutta Improvement Trust Act (hereinafter referred to as the said Act) and thereafter an appeal was filed under Section 77-A of the said Act. The judgment was delivered on 12-8-96 and appeal was filed on 14-8-97. The Stamp Reporter reported that the appeal is barred by time by 274 days and the appeal was in time up to 13-11-96.
(3.) After looking at the provisions of the said Act specially the provisions relating to filing of appeal we are of the view that the aforesaid calculation made by the Stamp Reporter is not correct. The provisions for filing of appeal under the said Act are contained in Section 77-A thereof. For better appreciation of the points involved in this application, Section 77-A of the said Act is set out below : "77-A (1) An appeal shall lie to the High Court from an award under this Chapter, in any of the following cases, namely : (a) where the decision is that of the President of the Tribunal sitting alone in pursuance clause (b) of Section 77; (b) where the decision is that of the tribunal, and (i) the President of the Tribunal grants a certificate that the case is a fit one for appeal, or (ii) the High Court grants special leave to appeal. (2) An appeal under clause (b) of sub-section (1) shall only lie on (one or more of) the following grounds. (3) Subject to the provisions of sub-sections (1) and (2), the provision of the Code of Civil Procedure, 1908, with respect to appeals from original decrees shall so far as may be, apply to appeals under this section. (4) An appeal under this section shall be deemed to be an appeal under the Code of Civil Procedure, 1908, within the meaning of Article 156 of the First Schedule to the Indian Limitation Act, 1908.";