1952 (2) TMI 19

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.... Stamp Reporter of the Court that the application is beyond limitation by 16 days. On the other hand, it is contended by learned counsel for the applicant that if the time required for obtaining a copy of the order refusing to state a case be taken into account, the application made must be held to be within time. The question which we have to decide is whether the benefit of Section 12 of the Indian Limitation Act is available to the applicant in this case. It is clear that there is no provision in regard to this matter contained in the Sales Tax Act. All that it lays down is that such an application as this must be made within "thirty days of such refusal." Learned counsel has, however, contended that the general provision contained in....

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....which one of us was a party in the case of Messrs. Radha Kishan Bhagwan Din v. Com- missioner of Sales Tax, Uttar Pradesh, Lucknow(1), where it was made clear that a copy of the order refusing to state a case must be filed along with the application to this Court under Section 11(2)(b) of the Act. In view of this decision, it is clear that it was necessary for the applicant to file a certified copy of the order of the Judge (Revision) by which he refused to state a case to this Court. In support of his argument, learned counsel has invited our attention to the fact that in cases arising out of the refusal of the Income-tax Appellate Tribunal to state a case to the High Court the assessee has a right to apply to the High Court under Secti....