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1955 Supreme(All) 252

V. BHARGAVA, UPADHYA, MOOTHAM, RAGHUBAR DAYAL, AGARWALA
SEHAT ALI KHAN – Appellant
Versus
ABDUL QAVI KHAN – Respondent


Advocates Appeared:
A.K.KIRTY, Jagdish Sahay

AGARWALA, DESAI, V. BHARGAVA, JJ.

( 1 ) THIS case has been referred to this Bench for a decision of the question whether in a Letters patent appeal the time requisite for obtaining copies of the judgment and decree should be excluded in computing the period of limitation fixed by the Rules of this Court for preferring a letters Patent Appeal. A Full Bench of four Judges of the Allahabad High Court in fazal muhammad v. Phul Kuar, 2 All 192 (A) has to be considered and, if found to lay down incorrect law, has to be overruled. We think in these circumstances it would be advisable that a Bench of five Judgea be constituted in order to decide the case.

( 2 ) WE, therefore, direct that the papers of this case be laid before the Honble the Chief Justice for constituting a larger Bench. Mootham, C. J.

( 3 ) THE question which has been referred to this Bench is whether the time required for obtaining copies of the judgment and. decree appealed from should be excluded in computing the period. of limitation for preferring an appeal fixed by the Rules of this Court under the Letters Patent. The relevant facts are that judgment in two connected second appeals was delivered by Brij mohan Lall J.















































































































































































































































































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