Banerjee, J. - (1.) On December 21st, 1957, the two appellants-petitioners filed a suit, being Title Suit No. 279 of 1957, in the court of the Subordinate Judge at Berhampore, as paupers. They won in the suit. The defendants-respondents appealed against the decree of the trial court before the court of the Additional District Judge at Berhampore. The lower Appellate Court decreed the appeal and reversed the decree of the trial court. The appellate decree bears the date December 13, 1963.
(2.) On February 24, 1964 the petitioners filed memorandum of second appeal in the office of this court, against the Appellate decree, and by a separate application prayed for leave to appeal as paupers. The Stamp Reporter of this court returned the memorandum of appeal to the learned Advocate, who filed the appeal, on February 24, 1964; with the following report: "In time upto 5-2-64 so far as the application is concerned. It is, therefore, out of time on 24-2-64, the date of presentation, by 19 days. If the new Limitation Act is held to apply to the present case, the application, will be in time. It may, however, be pointed out in this connection that the judgment and decree in this case were, passed in the year 1963 i. e. before the date of enforcement of the new Limitation Act, which came into force on and from 1-1-64. The right of appeal may thus be said to have accrued during the period of continuance of the old Act. This is, however, a matter for decision of the court. The second Judge's copy of papers filed but incomplete without the copy of the judgment of the trial court. Further report will be made after the Court's decision' on the point of limitation and also on pauperism. This is to be returned to the L/Advocate for presentation to Court".
(3.) On the same day the petitioners appellants filed the memorandum of appeal, accompanied, by the application for leave to appeal in formal pauperis, before this court. The learned Advocate for the petitioners appellants took a fortnight's time to file the certified copy of the judgment of the trial court and the hearing of the application was adjourned until that time, On March 9, 1964, the petitioners filed the necessary copies, which were wanting.;