BRIJ MOHAN LALL, J.

( 1 ) THIS is a special appeal by the State Government and the Director of Elections against a decision of a learned single Judge of this Court quashing under Article 226 of the Constitution the election of the Chairman and members of the Town Area of Kerakat. The judgment appealed against was delivered on 22-4-1955. A decree was prepared by the office. An application for a copy of the decree was made on 13-5-1955. The copy was ready for de-livery on 22-8-1955. The delivery was actually taken by the appellant on 24-8-1955. The memorandum of appeal was presented on 23-9-1955. The question that has arisen before us is whether the memorandum of appeal wag presented with-in time. The period prescribed for preferring a special appeal by Rule 10 of Chapter IX of the Rules of Court Vol. I is 60 days.

( 2 ) IT may be pointed out at this stage that the appellants have, by way of precaution, made an application for condonation of delay also under Section 5, Limitation Act but that application is not before us today. The learned counsel contends that the appeal is within time and seeks a decision on that issue.

( 3 ) ON 25-1-1956 also this case was listed before us, and af

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