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1972 Supreme(P&H) 56

D.K.MAHAJAN, BAL RAJ TULI
Shriomani Gurdwara Parbandhak Committee, Amritsar – Appellant
Versus
Mahant Isher Singh Chela Deva Singh – Respondent


Judgment

1. This is an application under Article 133 of the Constitution of India for leave to appeal to the Supreme Court against our judgment dated 15th October, 1970 in F. A. O. 82 of 1963.

2. Mr. T. S. Mangat, learned counsel for the respondent, has raised the preliminary objection that the application is barred by limitation. He also contends that the application is not in accordance with law.

3. Our judgment against which leave is sought was rendered on 15th October, 1970. The period of limitation fixed for an application for leave to appeal to the Supreme Court is 60 days under Article 132 of the Limitation Act, 1963 . This period of 60 days expired on 14th December, 1970. In addition to this period, the petitioner is entitled to the time spent in obtaining copy of the judgment appealed against, i.e., our judgment. It is common ground that he is entitled to 7 days on this count. Thus, the application could have been lodges in this Court on or before 21st December, 1970. In fact the application was filed on 17th December, 1970. But it lacked in two material particulars, (1) that the grounds of appeal as required by O. 45, R. 3, Code of Civil Procedure were not filed along with





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