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Soneswar (Das) Pandit Vs. Kanakram and ors. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtKolkata
Decided On
Reported inAIR1928Cal249
AppellantSoneswar (Das) Pandit
RespondentKanakram and ors.
Excerpt:
- .....is, looking at this matter for myself, that what has happened is that from the ordinary point of view the mistake has been made without any real excuse. in these circumstances i am not prepared to hold that there was sufficient cause under section 5, limitation act. i would be very much against laying down a wide and general rule as to the construction of section 5. i think the discretion of the court has to be exercised on all the facts in each particular case. with regard to the question whether the learned judge of the court of appeal below exercised a discretion entirely free from notice as to negligence and; as to bona fides which might interrupt a fair consideration of the matter. i am not quite sure, but i think that he came to a right conclusion and, therefore, we ought not to.....
Judgment:

Rankin, J.

1. I think that this appeal must fail. The learned District Judge has made observations in his judgment as to the mistake made by the pleader for the appellant not being bona fide. I do not quite understand that; but my view is, looking at this matter for myself, that what has happened is that from the ordinary point of view the mistake has been made without any real excuse. In these circumstances I am not prepared to hold that there was sufficient cause under Section 5, Limitation Act. I would be very much against laying down a wide and general rule as to the construction of Section 5. I think the discretion of the Court has to be exercised on all the facts in each particular case. With regard to the question whether the learned Judge of the Court of appeal below exercised a discretion entirely free from notice as to negligence and; as to bona fides which might interrupt a fair consideration of the matter. I am not quite sure, but I think that he came to a right conclusion and, therefore, we ought not to interfere with his decision. The appeal is accordingly dismissed with costs.

Page, J.

2. I agree.


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