( 1 ) THE memo of appeal along with application Under Section 378 (3, Cr. P. C. and another application Under Section 5, Limitation Act was filed before the Registrar on 3-4-1981 at his residence. The order of acquittal was passed by the First Additional Sessions Judge, Mathu-ra in s. T. 105 of 1980 on 3-12-1980. Application for copy of the order/judgment was moved on 12-12-1980, Notice of the preparation of the copy was given on 7-141981. Copy was actually taken on 14-1-1981, The office rightly reported that the memo of appeal and application Under section 378 (3, Cr. P. C. were filed beyond time by 4 days.

( 2 ) NOTICE of the application Under Section 5 62the Limitation Act was issued to the respondents opposite parties. One Alis Das, a pairokar of the respondents filed counter-affidavit. Sri Keshav sahay Advocate, appeared on behalf of the respondents: Chhinga, respondent No. 1 filed another counter-affidavit. He was represented by Sri Tejpal, Advocate.

( 3 ) THE learned State counsel filed re-Joinder affidavit. In support of the application Under section 5 of the Limitation Act, Shitla Prasad Shukla, ah official in the office of the Government advocate, filed aff