AMITAVA LALA, J - (1.) The appeal arises out of the order of a single Judge sitting in Original Side Writ Jurisdiction of this Court dated 17th April, 1997 The appellant preferred this appeal on 15th May, 1997 i.e. within the prescribed period of limitation but without certified copy.
(2.) As per the Rules of the High Court at Calcutta relating to applications under Article 226 of the Constitution, the matters in the Original Side, will be regulated by Original Side Rules and matters in the Appellate Side, will be regulated by Appellate Side Rules.
(3.) Under the Original Side Rules a Memorandum of Appeal has to be preferred with certified copy of the order like the Civil Appeals as prescribed by Order XLI, Rule 1 of the Code of Civil Procedure. Such procedure is available under Chapter XXXI, Rule 2 of the Original Side Rules. But in case of appeal arising out of an application under Article 226 of the Constitution of India in the Appellate Side of High Court, there is no necessity of filing certified copy of the order of the trial Court along with the Memorandum of Appeal at the time of preferring it, provided the appeal is filed within the prescribed period of limitation.;