R.N.PYNE, J. - (1.) In 1982 the appellant/petitioner (hereinafter referred to as 'the petitioner') filed a suit against the defendants/ respondents (hereinafter referred to as the respondents'), inter alia, for recovery of Rs. 3,54,050.42 paise, interim interest, interest on judgment and other reliefs. On 3rd Sept., 1984 a decree was passed by Mrs. Pratibha Bonnerjea, J. On 5th Sept., 1984 the requisition for drawing up and to complete the decree was given on behalf of the petitioner. On 15th Sept., 1984, the matter was mentioned for modification of the said decree. On and from 27th Sept., 1984 the High Court closed for Puja vacation and it reopened on 29th Oct., 1984. On 30th Oct., 1984 requisition for certified copy of the decree dt. 3rd Sept., 1984 was given to Court's Department on behalf of the petitioner. On 18th Jan. 1985 the draft decree was settled and passed before the Senior Master. On 30th Jan., 1985 memorandum of appeal was filed on behalf of the petitioner. In the aforesaid circumstances the petitioner has made the instant application, inter alia, for the following prayer: "One day's delay in making the application for certified copy of the decree be condoned and the time for the same be extended till Oct. 30, 1984".
(2.) It is stated by the petitioner that the decree has been settled but the certified copy of the decree and judgment is not yet available. For explaining the delay it is stated by the petitioner that it took decision to file an appeal against the decree regarding grant of interest and accordingly, by its letter dt. 22nd Oct., 1984 and received by its Advocates-on-Record on 24th Oct., 1984 the petitioner instructed its Advocates-on-Record to take steps for filing of the appeal. The petitioner's Advocates on-Record, accordingly, instructed its clerk to file requisition for obtaining the certified copy of the decree on the reopening day of the Court after Puja vacation, that is, on 29th Oct. 1984. The clerk of the petitioner's Advocates-on-Record undertook to do the same on the reopening day of the Court after Puja vacation However, the clerk of the petitioner's Advocates-on-Record, Sri Gobinda Pal, did not attend the office on the reopening day without any prior intimation. Thereafter, on the next day, that is, on 30th October, 1984 the petitioner's Advocate in charge of the matter himself took steps and filed the requisition for certified copy of the decree in the Court's Department.
(3.) One Gobinda Pal, the clerk of the petitioner's Advocates-on-Record has filed an affidavit affirmed by him on the 25th Feb. 1985. In the affidavit it is stated that on 24th Oct. 1984 he was instructed by Mr. Das, Advocate of the firm of the petitioner's Advocates-on-Record to put in requisition for certified copy of the decree for preferring an appeal against the decree dt. 3rd Sept., 1984 on the reopening day, i.e., on 29th Oct., 1984 after the long vacation and he undertook to do the same. It is further stated that he is a permanent resident of Nabadwip and is a daily passenger and attends office from Nabadwip by train. It is also stated that on 29th Oct. 1984 he could not attend office owing to the serious illness and being bed-ridden he was not in a position to contact the office from such a remote distance and as such he could not intimate the office to put in requisition for a certified copy of the decree.;