MIDNAPORE ZEMINDARY CO LTD Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
MIDNAPORE ZEMINDARY CO. LTD.
STATE OF WEST BENGAL
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P.N.Mookerjee, J. -
(1.) Three questions require answer in this Reference. They are, to quote them from what maybe called the order of reference, in the following terms:
"(i) Whether, apart from statute, there may be suspension of limitation or extension of prescribed periods of limitation;
(ii) whether, in the above respect, cases coming under the Bengal Tenancy Act, stand on any special or different footing by reason of Section 185 of the said Act, which makes, inter alia, Section 9 of the Indian Limitation Act inapplicable to suits, appeals and applications, specified in Schedule III, annexed to the Bengal Tenancy Act; and
(iii) whether the case of Midnapore Zemindary Co., Ltd. v. Naba Kumar Singh, AIR 1950 Cal 298, was rightly decided"
and, in answering them, we have only to add that, as they arose before the referring Bench in relation to a suit, our answers would proceed on that footing and would comprehend no greater scope. For purposes of this reference, therefore, the questions referred must be understood with reference to suits and they will be dealt with accordingly.
(2.) The scope of the reference being defined as aforesaid, we proceed now to answer the questions.
(3.) The questions, though framed separately, are so inter-connected that, at least, for purposes of discussion, they may, best and most conveniently, be taken up for consideration together. Indeed, separate treatment of the three questions in watertight compartments is not possible and would hardly be either satisfactory or complete and the preliminary observations, which are necessary for a correct approach to the problem or problems, envisaged by the said questions before us, must clear up certain common grounds to prevent misapprehensions, likely to mislead and to lead to a wrong perspective.;
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