MRITUNJOY MUKHERJI Vs. ASHUTOSH THAKUR
LAWS(CAL)-1951-3-27
HIGH COURT OF CALCUTTA
Decided on March 07,1951

Mritunjoy Mukherji Appellant
VERSUS
Ashutosh Thakur Respondents


Referred Judgements :-

SAILEN CHAND DUTT V. PROMODE KUMAR ROY [REFERRED]
<RC>LAWSUIT(CAL) 1951 0 341;ILR(CAL) 1952 2 67;</RC> HIGH COURT OF CALCUTTA <JGN>DAS,LAHIRI</JGN> MRITUNJOY MUKHERJI ASHUTOSH THAKUR <AT>LETTERS PATENT APPEAL; 6 OF 1950; APPEAL FROM APPELLATE ORDER 17 OF 1949</AT> 07.03.1951 <SUBJECT>LIMITATION</SUBJECT><SI> BENGAL AGRICULTURAL DEBTORS ACT,1936 SEC 40A;BENGAL AGRICULTURAL DEBTORS ACT,1936 SEC 37A(5);BENGAL AGRICULTURAL DEBTORS ACT,1936 SEC 2(4);BENGAL AGRICULTURAL DEBTORS ACT,1936 SEC 37A(8);BENGAL AGRICULTURAL DEBTORS ACT,1936 SEC 25;BENGAL AGRICULTURAL DEBTORS ACT,1936 SEC 37A; <ACT>BENGAL AGRICULTURAL DEBTORS ACT,1936</ACT> <S>S.40A</S><ACT>BENGAL AGRICULTURAL DEBTORS ACT,1936</ACT> <S>S.37A(5)</S><ACT>BENGAL AGRICULTURAL DEBTORS ACT,1936</ACT> <S>S.2(4)</S><ACT>BENGAL AGRICULTURAL DEBTORS ACT,1936</ACT> <S>S [REFERRED TO]
MIDNAPORE ZEMINDARY CO. LTD. VS. NABA KUMAR SINGH DUDHORIA [REFERRED]


JUDGEMENT

- (1.)This is an appeal by the decree-holders under Clause 15 of the Letters Patent against a decision of Roxburgh J. dated May 3, 1950, in Second Miscellaneous Appeal No. 17 of 1949. The facts are not in controversy and may be stated as follows:
The Respondents judgment-debtors made an application under Section 37A of the Bengal Agricultural Debtors Act for relief under that section. An award was made on September 3, 1944, and was registered on December 19, 1944.

(2.)In the meantime, there was an appeal against the decision of the Board to the appellate officer. The appellate officer affirmed the decision of the Board on January 18, 1947. There was a petition in revision under Section 40A of the Bengal Agricultural Debtors Act to the District Judge. The petition in revision was rejected on June 11, 1947.
(3.)On December 20, 1947, the judgment-debtors presented a copy of the registered award before the Third Court of the Munsif at Bankura. An application praying for relief under Section 37A(8) of the Bengal Agricultural Debtors Act was also filed on the same date. The decree-holders raised an objection that the relief under Section 37A(8) of the Bengal Agricultural Debtors Act could not be granted, because the presentation of the award, having been made beyond three years from the date of the award, the right to relief provided for in Section 37A(8) was barred under the provisions of Article 181, sch. I of the Indian Limitation Act.


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