U.N.Sinha, J.

1. This case has come before the Full Bench because of an order passed in it by R. K. Choudhary and G. N. Prasad, JJ., on the 8th April, 1965, to the effect that they were not in agreement with an order passed by another Division Bench of this Court on the 11th March, 1965, in First Appeal No. 325 of 1964 (Pat). The question for decision arises thus :

This First Appeal (First Appeal No. 509 of 1964) was filed on the 9th November, 1964, along with First Appeal No. 510 of 1964 and was registered on the same day. The two appeals had been tiled along with one certified copy of the decree, but without any copy of the judgment, on a nominal court-fee. A certified copy of the judgment was filed on the 30th November, 1964. On the 11th December, 1964, a stamp report was made, stating that the judgment was filed on the 30th November, when the period of limitation for filing the appeal had expired. It also stated that the court-fee stamp was short by Rs. 1446.25 paise according to valuation. This slump report did not, in so many words, mention the date on which the limitation was taken to have expired, but it appears from a calculation made on the memorandum of appeal, t