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Maharaja Ravaneswar Prasad Singh Vs. Baij Nath Ram Goenka - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in3Ind.Cas.401
AppellantMaharaja Ravaneswar Prasad Singh
RespondentBaij Nath Ram Goenka
Cases ReferredRani Venkata v. Kherode Mull
Excerpt:
privy council appeal - high court long vacation--application for leave to appeal filed during vacation--limitation act (xv of 1877), section 5 and schedule ii, article 177. - .....to appeal to his majesty in council is out of time. it is contended that the court should not be treated as closed for the vacation of 1907, but the court has always been treated as closed during the autumn vacation and authorities have been cited to us in which this point has been decided rani venkata v. kherode mull 10 c.l.j. 118 : 3 ind. 400. the notification issued always is to the effect that the court is closed though the office is open during part of the vacation.3. the next point is, that the applicant has not brought on the record of this appeal all the necessary parties. the objection is met by the applicant who says he has been unable to serve the representatives of a deceased opposite party to the suit, and it is alleged that this representative is not interested. in the.....
Judgment:

1. This is an application for leave to appeal to His Majesty in Council from a decree of this Court reversing the decree of the Court of first instance.

2. Three objections have been taken against the grant of a certificate. The first is that the application for leave to appeal to His Majesty in Council is out of time. It is contended that the Court should not be treated as closed for the vacation of 1907, but the Court has always been treated as closed during the autumn vacation and authorities have been cited to us in which this point has been decided Rani Venkata v. Kherode Mull 10 C.L.J. 118 : 3 Ind. 400. The notification issued always is to the effect that the Court is closed though the office is open during part of the vacation.

3. The next point is, that the applicant has not brought on the record of this appeal all the necessary parties. The objection is met by the applicant who says he has been unable to serve the representatives of a deceased opposite party to the suit, and it is alleged that this representative is not interested. In the circumstances we accede to the applicant's request that this objection should be left for the decision of the Privy Council.

4. The third objection is on the score of value. On the materials before us we think the value satisfies the requirements of the Code.

5. A certificate will, therefore, be granted.


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