1. This Rule was issued at the instance of the petitioner (who is the administrator pendent elite to the estate of late (Debendra nath Dass) against the opposite party, the State of West Bengal, calling upon the latter to show cause why the connected appeal should not be registered, after condoning the delay in the matter of filing of the same under section 5 of the Indian Limitation Act. The application for the Rule was made under the following circumstances: premises No. 93, Ultadanga Main Road, belonging to the estate of late Debendra Nath Dass aforementioned, came to be acquired in connection with the Calcutta Improvement Trust Scheme No. VII-Manicktolla. The Collector made his award in respect of the said acquisition and the petitioner, feeling aggrieved by the said award, which was dated September 18, 1959, applied for and obtained two references- one on valuation and the other for apportionment-under sec. 18 of the Land Acquisition Act. The reference in respect of valuation was registered as case No. 80 of 1960 (V. On September 26, 1961, the Calcutta Improvement tribunal by its award of that date, allowed the said reference in part and enhanced the Collector's award