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1950 Supreme(Pat) 176

C.P.SINHA, B.P.SINHA
Janki Prasad Choudhary – Appellant
Versus
Ram Kripal Pandey – Respondent


Judgment

B.P.Sinha, J.

1. This is an application under sec. 5 of the Limitation Act for condoning the delay in making the application for review of a judgment of this Court.

2. During the course of the argument, it appeared to me that this was really not a case for condonation of delay under sec. 5 of the Limitation Act. I pointed out to Sir Sultan Ahmad that the application really turned on the interpretation of sec. 14 of the Limitation Act. If the case could come within the purview of sec. 14, the application would be in time, and, the petitioners need not have taken recourse to the provisions of sec. 5 of the Limitation Act: if, on the other hand, the case did not attract the provisions of sec. 14, it will be necessary for the petitioners successfully to bring the case within the purview of sec. 5, as will presently appear.

3. The facts relevant to the present application are stated below. On the 10th of May, 1949, this Court delivered the judgment. On the 8th of June, 1949, the decree of this Court was sealed and signed. On the 14th of June, 1949, an application was made to this Court for leave to appeal to the Federal Court. This application stood dismissed on the 25th of Janu







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