RAKESH TIWARI, J. - (1.) Re: C.A.N. 296 of 2017. None appears on behalf of the appellant as well as the respondents due to cessation of work pursuant to a resolution adopted by the Advocates in the respective Bar.
(2.) We find from the letter dated 05/06/2017 by the honorary Secretary, Bar Association that the Advocates of Calcutta High Court have ceased work and the court may pass necessary orders at their discretion. The information reads: "This is to inform My Lord the Hon'ble the Chief Justice and His companion Justices of the said Hon'ble Court that in an emergent Urgent General Meeting in terms of Rule 22 of the rules of the Bar Association, High Court Calcutta held today at Bar Association Room No. 2 at 11 a.m., it was unanimously decided by the General Body of the Association that due to the sweltering heat particularly when the mercury is soaring more or less between 400C to 420C on an average it is becoming very difficult for the members to discharge their functions in this sweltering heat. It was also decided that working in this sweltering heat with the Court and Gown is detrimental to the health of the Advocates. The General Body of the Association considering what has been stated above unanimously decided 'that due to the sweltering heat the Advocates would not participate in any judicial proceeding from 06/06/2017 to 12/06/2017, during which period the Bar Association will also remain closed and to this effect the Hon'ble the Chief Justice and His companion Justices may be requested not to pass any adverse order or orders subject to the discretion of Your Lordships, not to dismiss any matter, not to take up any matter ex parte and not to delist any listed mater in absence of the Ld. Advocates appearing for the respective parties without taking amiss of the request made above. It was also decided that the Bar Association would hold a meeting on 12/06/2017 at 11 a.m. in Bar Association Room No. 2 to review the situation. I, on behalf of the Bar Association while communicating My Lord the decision of the General Body of the Bar Association would beseech Your Lordship and the other companion Justice of Your Lordships Court not to pass any adverse order or orders subject to the discretion of Your Lordships, not to dismiss any matter, not to take up any matter ex parte and not to delist any listed matter in absence of the Ld. Advocates appearing for the respective parties without taking amiss of the request made above. We beseech to Your Lordship."
(3.) The Bar rooms have been locked by the office bearers. They have a right to request their members to protect the rights of their body, but locking of rooms in court premises or restraining the litigants or any private parson from court is not proper. This amounts to forcefully bringing the judicial working to a halt and appears to be contemptuous. However, without any prejudice we take up the application, being C.A.N. 296 of 2017, filed under section 5 of the Limitation Act, 1963 for condoning the delay of 220 days in preferring the appeal against the judgment and order dated April 8, 2016, is taken up for hearing.;