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Report No. 44

28. Saving necessary where certificate obtained or appeal pending.-

It is, therefore, desirable that a party who has obtained a certificate under clause (a) or (b) should, subject of course to the law of limitation2 and other procedural conditions, be allowed to file an appeal on the strength of that certificate, and the constitutional amendment should not apply in such cases.

As regards the situation at (v) above, not much argument is needed to show that the amendment should not affect appeals pending in the Supreme Court when it comes into force.

1. Under Article 132, LImitation Act, 1963, be period of limitation for applying "to the Hight Court for a certificate of fitness to appeal to the Supreme Court under clause (1) of Articles 132, Article 133 or sub-cluase (c) of clause (1) of Article 134 of the Constitution or under any other law for the time being in force" is sixty days from the date of the decree, order, or sentence

2. Order 15, rule 2, of the Supreme Court Rules, 1966, provides that "subject to the provisions of sections 4, 5, and 12 of the Limitation Act, 1963, the petition of appeal shall be presented within sixty days from the date of the grant of the certificate of fitness" etc

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