S.D. KHARE, J. - This is a Government Appeal directed against an order dated 10th November, 1962, passed by the learned Assistant Sessions Judge, Farrukhabad, acquitting all the nine respondents of the charges against them under Sections 452, 322/324/307 read with Section 149 and 147/148 I.P.C. A preliminary objection was raised that the appeal is outside 90 days' time prescribed under Article 157 of the 1st Schedule of the Indian Limitation Act.

2. This appeal was filed on 29th March 1963, i.e., 139 days after the date of the order appealed against. Prima facie it was not barred by time because the memorandum of appeal was accompanied with a copy of the judgment for which an application had been made on 15th November, 1962, and the copy was notified to be ready on 3rd January, 1963, i.e. 50 days after the date of the application. The appeal filed 139 days after the date of the order appealed against, was, therefore, within time if 50 days could be excluded under Section 12 of the Indian Limitation Act as "time requisite" for obtaining a copy of the order appealed against. An affidavit, however, was filed to show that the "time requisite" for obtaining a copy of the order a