PATAI SHEIKH Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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(1.)On an application under Article 226 of the Constitution, Mr. Justice Anil Kr. Sen delivered judgment on the 1st March, 1973. The appellants before us applied for a certified copy of the judgment on the 20th March, 1973. Due to the delay in applying for certified copy they lost 19 days.
(2.)The certified copy was ready for delivery on the 27th April, 1973 at 4-30 p.m. The appellants took delivery of the certified copy on April 30, 1973. The appeal was filed on June 11, 1973. The Stamp Reporter did not accept the Memorandum of Appeal on the ground that it was presented 33 days after the expiry of the period of limitation. The appellants thereafter presented an application under section 5 of the Limitation Act on the 13th June, 1973 whereupon Civil Rule No.2024(W) of 1973 was issued. The Rule has now come up for hearing.
(3.)Mr. Sankardas Banerjee appearing for the appellants contends that the appellants lost 19 days between the 1st March, 1973 and the 20th March, 1973. They lost 42 days between the 30th April, 1973 and the 11th June, 1973. The total is 61 days. But out of these 61 days, 2 days namely, Saturday the 9th June, 1973 and Sunday the 10th June, 1973, would have to be excluded. The appeal therefore has been filed within 59 days.
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