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1967 Supreme(Cal) 232

A.N.RAY, S.K.MUKHERJEE
Shaikh Md Yacoob – Appellant
Versus
Khan Bahadur S M Jan – Respondent


JUDGMENT

1. This is an application for an order that the delay in filing the appeal be condoned and for extension of time to file the appeal and for further orders namely, stay of operation of the order passed on 24 April 1967.

2. The appellants are two in number. The appellants intend to profer an appeal against the order dated 24 April 1967. By that order, Mr. A. Salam, barrister-at-Law was appointed as Mutwalli of the Wakf Estate.

The appellants sumbit that they were advised, by their solicitors that it was not necessary to make an application for certified copy of the order as requisition for drawing up of the order was given. The requisition was given a day after the passing of the order. The order was not drawn up and that is why it is said application for certified copy of the order was not made until 18 July 1967.

3. Counsel for the appellants contended that requisition for drawing up of the order would amount to an application for certified copy of the order. Such a construction of the provisions contained in Chapter XXXI of the Rules of the Original Side is unacceptable. There is a clear distinction between requisition of the drawing up of the order and application for ce










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