UDAY SINHA, S.ROY
State Of Bihar – Appellant
Versus
Ray Chandi Nath Sahay – Respondent
1. The application filed under S.5 of the Limitation Act for condoning the delay in filing this appeal has been placed before this Bench as ordered by R.C.P. Sinha, J., by order dated 21-2-1982. The impugned judgment and decree was passed on 22-3-1980. It is not disputed that limitation expired on 3-1-1981. The appeal was filed on 12-1-81. It was ready for filing on 10-1-1981. But it could not be filed on that day as the Additional Registrar was not available. The 11th January, was the Sunday. The appeal was, therefore, filed on 12-1-1981. The fact that the appeal was ready for filing on 10-1-1981 must be accepted, as the memorandum of appeal bears the endorsement of the Administrative Officer on that date. There is, therefore, adequate explanation for 10th, 11th and 12th January. The appellant is thus only to explain the delay between 4th Jan., 1981 and 9th Jan., 1981 (both days inclusive). The matter was referred to the Division Bench as in view of R.C.P. Sinha, J., the question of interpretation of the provisions contained in R.3A of O.41 of Civil P.C. (hereinafter to be referred as the Code) was involved. It was submitted before us that the appeal not having been accomp
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