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1967 Supreme(P&H) 88

SHAMSHER BAHADUR, P.C.PANDIT
Jai Ram Dass – Appellant
Versus
Som Parkash – Respondent


Judgment

P.C.Pandit, J.

1. This order will dispose of application (C.M. 822-C of 1966) under Section 5 of the Indian Limitation Act filed by the appellant Jai Ram Dass in R.F.A. 143 of 1966. The Regular First Appeal was filed in this Court on 8th of March 1966, but the appellant had not attached with it a receipt for a sum of Rs. 100/- which, according to Rule 9 in Chapter 2-A of High Court Rules and Orders Volume V, had to be deposited with the Treasurer of this Court to cover the cost of printing the record. The last date for filing this appeal was admittedly 16th March, 1966. The office pointed out this mistake to the counsel and returned the appeal to him on 10th of March, 1966 for being refiled within a week. The said amount of the advance printing fee was, however, deposited in this Court on 21st of March 1966, when the appeal was re filed. On this date, an application under Section 5 of the limitation Act was also made for condoning the delay in filing the appeal within limitation. It is this application which is being disposed of by this order.

2. According to the affidavit of the counsel for the appellant, he wrote a letter to the appellant on the 11th of March 1966 regardi






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