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Khetra Mohan Giri and ors. Vs. Darpa NaraIn Giri and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in35Ind.Cas.979
AppellantKhetra Mohan Giri and ors.
RespondentDarpa NaraIn Giri and ors.
Excerpt:
criminal procedure code {act v of 1898), section 439 - revision, limitation for--practice of calcutta high court. - .....time. it is not an inflexible rule, and in exceptional circumstances the rule might be departed from. in this case the date of making over the copy to the applicant was the 1st day of june, so that there was ample time to make this motion on one of the usual motion days, namely, monday the 5th of june, or monday the 12th of june; yet this motion was not made until the 19th of june when it was out of time. in these circumstances, we are of opinion that this application should not be entertained.
Judgment:

Lancelot Sanderson, C.J.

1. Since yesterday I have caused enquiries to be made with regard to the practice affecting this matter, and I find that the well-known practice is that an application for revision must be made within sixty days from the date of the order complained of. The Court has allowed an addition, to the sixty days, of the time which is necessary for obtaining copies. This is not a question of limitation, but a of the practice of the Court to the effect that an application for revision must be made within a reasonable time. It is not an inflexible rule, and in exceptional circumstances the rule might be departed from. In this case the date of making over the copy to the applicant was the 1st day of June, so that there was ample time to make this motion on one of the usual motion days, namely, Monday the 5th of June, or Monday the 12th of June; yet this motion was not made until the 19th of June when it was out of time. In these circumstances, we are of opinion that this application should not be entertained.


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