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Marium Begum and anr. Vs. Banku Behary Bose and anr. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1921Cal94,62Ind.Cas.205
AppellantMarium Begum and anr.
RespondentBanku Behary Bose and anr.
Excerpt:
privy council appeal - dismissal by high court of appeal by reason of appellant's laches--appeal to judicial committee, whether involves 'substantial question of law.' - .....when the appeal came into the daily list for disposal, certain explanations were put forward by the appellants. these explanations' were not accepted as satisfactory by the court and the result was that their appeal was dismissed. the merits of the ease were not enquired into, the appellants (the appellants in the high court appeal) now apply to this court for leave to appeal to the judicial committee of the privy council. when asked by me, the learned counsel bad to admit that if this case were allowed to go to the privy council, the only question for the judicial committee would be whether this court was right in dismissing the appeal in the exercise of its discretion. there is, therefore, no substantial question of law involved, and the judgment of the court of appeal being one of.....
Judgment:

Lancelot Sanderson, C.J.

1. In this matter it appears that the judgment of the first Court was in favour of the defendants and the plaintiffs' suit was dismissed. The plaintiffs than filed an appeal to this Court; but apparently, according to the judgment which was delivered on the 10th of February this year, the appellants were guilty of great laches and they had not filed their paper-book. Then, when the appeal came into the Daily List for disposal, certain explanations were put forward by the appellants. These explanations' were not accepted as satisfactory by the Court and the result was that their appeal was dismissed. The merits of the ease were not enquired into, The appellants (the appellants in the High Court appeal) now apply to this Court for leave to appeal to the Judicial Committee of the Privy Council. When asked by me, the learned Counsel bad to admit that if this case were allowed to go to the Privy Council, the only question for the Judicial Committee would be whether this Court was right in dismissing the appeal in the exercise of its discretion. There is, therefore, no substantial question of law involved, and the judgment of the Court of Appeal being one of affirmance, there is no right of appeal to the Privy Council. This application must, therefore, be dismissed with costs.

Mookerjee, J.

2. I agree.


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