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Khirode Chandra Das and ors. Vs. Ramani Mohan Dhar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1937Cal454
AppellantKhirode Chandra Das and ors.
RespondentRamani Mohan Dhar and ors.
Cases ReferredRe. K.P. Sinha v. Jatindra Nath Biswas
Excerpt:
- 1. in this case the appeal was filed on the proper date but subsequently there was an application filed for substitution of the heirs of one of the deceased appellants. the application was filed on 5th april 1937 which was the first date after the close of the easter holidays on which the registrar was sitting. the offices of the court however re-opened on 3rd april 1937. the question is whether the application should have been filed on 3rd april and whether as it was not so filed it was time-barred. here there is no question of the filing of the appeal which might be done in the office. the question is with regard to the filing of an application which had to be moved before the registrar. as a matter of fact the registrar sat for the first time after the re-opening of the court on 5th.....
Judgment:

1. In this case the appeal was filed on the proper date but subsequently there was an application filed for substitution of the heirs of one of the deceased appellants. The application was filed on 5th April 1937 which was the first date after the close of the Easter holidays on which the Registrar was sitting. The offices of the Court however re-opened on 3rd April 1937. The question is whether the application should have been filed on 3rd April and whether as it was not so filed it was time-barred. Here there is no question of the filing of the appeal which might be done in the office. The question is with regard to the filing of an application which had to be moved before the Registrar. As a matter of fact the Registrar sat for the first time after the re-opening of the Court on 5th April 1937. Therefore in our opinion limitation should run from that date. As the application was filed on 5th April 1937 it should be held to have been filed within time: Re. K.P. Sinha v. Jatindra Nath Biswas (1936) 41 C W N 492.


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