RULING OF THE COURT
The applicant's Civil Appeal NO. 52 of 1998 was on 7th April, 2000 struck out by this Court for the reason that the order appealed from contained an amendment that was unauthenticated rendering the same incurably defective. Six days later, on 13th April, 2000, the application the subject-matter of this reference was made the pertinent part of which was in these terms:
"TAKE NOTICE that on............day of............, 2000 at 9.00 O'clock in the forenoon or as soon thereafter as he can be heard A.A.K. Esmail Esq., Advocate for the above named Applicant will move a Judge of the Court for orders that the time for lodging and serving the Memorandum and Record of Appeal by the Applicant against the aforementioned order of the superior court be extended AND the costs of this application be provided for."
It was supported by the affidavit of Akbar Abdullah Kassam Esmail sworn by him on 13th April, 2000. In paragraph 8 of his replying affidavit of 3rd July, 2000, the first …