MOHAMED VALLI PATEL Vs. WESTERN INDIAN OIL DISTRIBUTING CO LTD
HIGH COURT OF CALCUTTA
MOHAMED VALLI PATEL
WESTERN INDIAN OIL DISTRIBUTING CO LTD
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(1.) FOUR partners, in the name of their firm, commenced this action, 35 years ago, for enforcement of their alleged rights arising out of alleged rescission of several contracts mentioned in the plaint and, after the defence war, put in, they did not want to disturb the slumber of the Court any more. One by one they went to eternal sleep leaving their burden on the shoulders of their respective legal representatives who, on 4th February 1969, after making their joint application noted as made on that day, took out a Master's summons on 5th February 1969, for recording the deaths of the partners of the plaintiff-firm and for consequential amendments of the plaint arising out of such deaths including the amendment of the suit-Register and for permitting them to prosecute this action.
(2.) IN the affidavit-in-opposition affirmed on 10th March 1970, as it was stated that the application was barred by the law of limitation so another master's Summons was taken out by the petitioners on 17th March 1969, for setting aside the abatement, if any, of the suit; for extending the time till 4th february 1969 to make the first application and for treating the first application as made within the prescribed period therefor and for admission of the first application and for allowing the petitioners to proceed with the first application.
(3.) IN the petition filed in the second application it is stated that after going through the said affidavit-in-opposition the petitioners realised that they had made a mistake in computing the prescribed days for making the first application and so they were late by only one day which should be condoned under Section 5 of the Limitation act.;
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