1. B. M. LAL, C.J. :-

This is an application under Sec. 5 of the Limitation Act for condoning the delay of 53 days in filing the Letters Patent Appeal.

2 It is contended that the judgment impugned was passed in the writ petition on 6-11-96 and the Letters Patent Appeal has been filed on 29-1-97. The appeal was filed after 83 days of the impugned judgment without filing the certified copy of the judgment and, therefore, only 30 days period which is prescribed for filing the Letters Patent Appeal is liable to be excluded and in this way the appeal is barred by 53 days.

3. It is submitted that respondent No. 1 submitted his representation and he annexed a copy of the judgment and that is how the appellants came to know about the judgment. On 14-11-96 the order was sent to the Electrical Superintending Engineer, who forwarded the same to the Chief Engineer (Commercial) of the head office of the Board. The said order along with the letter of the Electrical Superintending Engineer dated 19-11-96 was received in the office of the Board on the same day. The matter was examined at different levels and thereafter it was placed before the Chief Engineer (Commercial) on 23-11-96. The C