Sankar Prasad Mitra, C.J. - (1.) This reference has been made by a Division Bench consisting of Mr. Justice P. K. Banerjee and Mr. Justice Rule K. Sharma under Rule 1 proviso (ii) Chap. II of the Appellate Side Rules. Rule 26 of Chap. XIII of the Appellate Side Rules provides: "If the stamps and folios are not filed within seven days of the notification in the prescribed Register, the application shall be rejected by the Registrar or other officer of the Court." Similarly, Rule 323 of Chap. 17 of the Criminal Rules and Orders, Vol. 1 provides: "If the requisite stamps and folios are not filed within three days of the notification in the prescribed manner, the application shall be rejected and a note to that effect shall be made in the Register No. (R) 16".
(2.) The application before the Division Bench was an application for leave to appeal to the Supreme Court under Article 133 (1) of the Constitution of India. It is common case that the application was not made within sixty days from the date of the judgment and decree as required under Article 132 of the Limitation Act, 1963. The questions that arose before the Division Bench related to periods of exemption that the applicant was entitled to in computing the period of limitation.
(3.) There were two questions which the Division Bench had to consider. These questions were: 1. Whether in computing the period of Limitation the applicant was entitled to advantage of seven days specified in Rule 26 of Chap. XIII of the Appellate Side Rules. 2. Whether the applicant was entitled to exemption of periods taken both for obtaining a certified copy of the judgment and for obtaining the certified copy of the decree as required under Section 12 (3) of the Limitation Act, 1963.;