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Ahmedullah Vs. Moshaullah - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtKolkata
Decided On
Judge
Reported in(1886)ILR13Cal78
AppellantAhmedullah
RespondentMoshaullah
Excerpt:
appeal - ex parte order--admission of appeal--limitation act, 1877, section 5--sufficient cause. - .....appellant has satisfied us that he had sufficient cause for not presenting this appeal within the period prescribed by law, to refer only to the order passed by a division bench of this court on the 6th january 1885, admitting the appeal. that order was passed ex parte, and without notice to the respondent; and it was therefore open to reconsid9ration if the respondent after notice of the appeal thought proper to question the right of the appellant to have it admitted.2. the grounds assigned by the appellant for special indulgence under section 5 of the limitation act were then stated to be that he had not sufficient funds to proceed in the regular manner within the time prescribed by law, and it is now objected that this is not a sufficient cause. we think that the objection is fatal......
Judgment:

Prinsep and Trevelyan, JJ.

1. It is sufficient for the matter now under consideration, that, is to say, whether or not the appellant has satisfied us that he had sufficient cause for not presenting this appeal within the period prescribed by law, to refer only to the order passed by a Division Bench of this Court on the 6th January 1885, admitting the appeal. That order was passed ex parte, and without notice to the respondent; and it was therefore open to reconsid9ration if the respondent after notice of the appeal thought proper to question the right of the appellant to have it admitted.

2. The grounds assigned by the appellant for special indulgence under Section 5 of the Limitation Act were then stated to be that he had not sufficient funds to proceed in the regular manner within the time prescribed by law, and it is now objected that this is not a sufficient cause. We think that the objection is fatal. If such ground be accepted as sufficient cause for a special order of this description, there would be no limit to the period for extending the usual term of limitation to presenting an appeal. We therefore feel bound to hold that this appeal is barred by limitation and we accordingly dismiss it.

3. Each party must pay his own costs.


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