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Hem Chandra Ghosh Vs. Durga Pada Neogi and ors. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtKolkata
Decided On
Judge
Reported in3Ind.Cas.435
AppellantHem Chandra Ghosh
RespondentDurga Pada Neogi and ors.
Cases ReferredDwarka Nath Biswas v. Kedar Nath Biswas
Excerpt:
limitation - plaint presented with insufficient court--fees--extension of time by court--putting in court-fees in time--no limitation. - 1. the point raised in this appeal is concluded by the decision of this court in the case of dwarka nath biswas v. kedar nath biswas (1909) 2 ind. cas. 1. it is conceded that on the date on which the plaint was presented to the court of the subordinate judge, the suit was in time. the court granted time to the plaintiff till the 8th august 1906 to amend the valuation and to put in additional court-fees. that order was duly carried out. no question of limitation, therefore, arises. the appeal fails and is dismissed with costs. we assess the hearing fee at two gold mohurs.
Judgment:

1. The point raised in this appeal is concluded by the decision of this Court in the case of Dwarka Nath Biswas v. Kedar Nath Biswas (1909) 2 Ind. Cas. 1. It is conceded that on the date on which the plaint was presented to the Court of the Subordinate Judge, the suit was in time. The Court granted time to the plaintiff till the 8th August 1906 to amend the valuation and to put in additional Court-fees. That order was duly carried out. No question of limitation, therefore, arises. The appeal fails and is dismissed with costs. We assess the hearing fee at two gold mohurs.


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