THE STATE OF ASSAM Vs. HAJI HABIB HAJI PEER MAHAMMAD

JUDGEMENT

(1.) THIS is an application for extension of the period allowed by law for an appeal from the judgment and decree of the Subordinate Judge, L. A. D. in a money Suit No. 28 of 1948.

(2.) THE suit was decreed in plaintiff's favour. The decree was for a sum of Rs. 5012 -3 -8 against the State of Assam, the defendant in the case. The order of the Court bears the date 24 -1 -1960, The appeal was presented on 15 -5 -1950. The memo was returned by the office for its presentation before the Court as the appeal was prima facie barred by limitation. The appeal was presented before the Court on 17 -5 -1960 along with an application for extension of time. A Rule was issued on the application calling upon the opposite -party to show cause why the appeal should not be admitted and heard as prayed for.

(3.) THE money suit, in which the opposite -party was the plaintiff, was pending in the Court of the Subordinate Judge at Gauhati. The suit was heard on 18, 19 and 20 -1 -1950. Arguments were addressed to the Court on 20 -1 -1950. Mr. Wazed Ali, now a Member of the Parliament, was the Assistant Government Advocate and was in charge of the case on behalf of the defendant. He attended the Court on 18, 19 and 20.1.1950. He filed an affidavit according to which the case was argued by him on 20 -1 -1950 on behalf of the defendant. But at that time the Court did not inform him that judgment would be delivered on any particular date. According to him, no date for delivery of judgment was fixed in his presence. He had to leave Gauhati on 22 -1 -1950 for New Delhi to attend the Parliament Session. He left the papers of the case with Mr. U.K. Goswami, Government Header. He came back on 26 -4 -1950 and on his inquiry he learnt on 30 -4 -1950 that the suit had been decided against the Government. In para. 8 of the affidavit he has stated that neither be nor Mr. Goswami. Government Pleader, knew anything about the judgment and decree against the defendant till 30 -4 -1950.