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1976 Supreme(Cal) 203

SANKAR PRASAD MITRA, SALIL KUMAR DATTA
PATAI SHEIKH – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Ajit Sarkar, PRADIPTA ROY, SANKARDAS BANERJI

SANKAR PRASAD MITRA, C. J.

( 1 ) ON an application under Article 226 of the Constitution Mr. Justice Anil Kumar Sen delivered judgment on the 1st March, 1973. The appellants before Us applied for a certified copy of the judgment on 20th March, 1973. Due to the delay in applying for certified, copy they lost 19 days.

( 2 ) THE certified copy was ready for delivery on the 27th April, 1973, at 4. 80 p. m. The appellants took delivery of the certified copy on April 30, 1973. The appeal was filed on June 11, 1973. The Stamp Reporter did not accept the Memorandum of Appeal on the ground that it was presented 33 days after the expiry of the period of limitation. The appellants thereafter presented an application under Section 5 of the Limitation Act on the 13th June, 1973, whereupon Civil Rule No. 2024 (M) of 1973 was issued. The Rule has now come up for hearing.

( 3 ) MR. Sankardas Banerjee appearing for the appellants contends that the appellants lost 19 days between the 1st March, 1973 and the 20th March, 1973: They lost 42 days between the 30th April, 1973 and the llth June, 1973. The total is 61 days. But out of these 61 days, 2 days, namely, Saturday the 9th June, 1973 and Sunday























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