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Purna Chandra Chattopadhya Vs. Sheikh Mabud Buksh and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1923Cal291(1),68Ind.Cas.200
AppellantPurna Chandra Chattopadhya
RespondentSheikh Mabud Buksh and ors.
Excerpt:
limitation, computation, of - appeal, limitation for--appellant, if entitled to deduct period during which review application pending. - 1. the appeal in this case raises the question whether the appeal to the lower appellate court was barred or not. in our opinion it was not time barred as the appellant was entitled to deduct the period during which the application for review was pending.2. we accordingly decree these appeal, set aside the decrees of the lower appellate court and direst that the appeals be reheard by the lower. appellate court.3. as no one appears for the respondents in these three appeals we make no order as to costs is of these appeals.
Judgment:

1. The appeal in this case raises the question whether the appeal to the lower Appellate Court was barred or not. In our opinion it was not time barred as the appellant was entitled to deduct the period during which the application for review was pending.

2. We accordingly decree these appeal, set aside the decrees of the lower Appellate Court and direst that the appeals be reheard by the lower. Appellate Court.

3. As no one appears for the respondents in these three appeals we make no order as to costs is of these appeals.


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