SUDHIR KUMAR BANERJEE Vs. TUKVAR COMPANY LTD

JUDGEMENT

(1.) When the hearing of this heavy appeal went on for about 6 days, a point was sought to be raised on behalf of the Respondent company herein that the memorandum of appeal was not filed within the period of limitation and accordingly, the appeal should be dismissed in limine.

(2.) The point ought to have been taken at a much earlier stage or, at any rate, on the first day of the hearing of the appeal. We refused a prayer for the adjournment of the hearing of the appeal on this ground and allowed the Appellant to file a petition stating the facts so that this point could be decided on the basis thereof and of the affidavits filed by the respective parties in answer thereto. A petition has been filed in pursuance thereof for the determination of the said point of limitation with a prayer that in the special facts and circumstances of this case, if necessary, the delay, if any, be condoned. An affidavit-in-opposition and a reply thereto have also been filed for the decision of this point. We shall first decide this point of limitation and thereafter the merits of this appeal.

(3.) The decree herein was passed on March 22, 1963. Thereafter, the following steps were taken to prefer the present appeal: <FRM>JUDGEMENT_13_LAWS(CAL)10_1977_1.html</FRM>