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Report No. 44

27. Cases where certificate already obtained.-

The cases at (iv) and (v) above, however, stand on a different footing. In case (iv), for example, the prospective appellant has done all that requires to be done on his part to file an appeal, and, it is only the accident of the date of commencement falling between the obtaining of the certificate and the actual filing of the appeal that takes away his right. This is likely to cause hardship, and the number of such cases is bound to be appreciable. If the right under clause (a) or (b) is not preserved, the appellant will have to take fresh steps to obtain leave under Article 133(1)(c). It is possible that the time limit for applying1 for such leave may be about to expire very shortly, or may have already expired.

Appellant Jurisdiction of the Supreme Court in Civil matters Back

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