A.N. Sen, J. - (1.) This is an appeal preferred against the judgment and order passed by R.M. Datta J. on June 19, 1970.
(2.) The Appellant made an application for vacating and/or setting aside an order of attachment made ex parte on July 1, 1969 and also for an order that the execution application made by the Bank on which the said order of attachment was made should be dismissed and/or be taken off the file on the ground that the said application was barred by limitation. The learned Judge in his judgment held that no ground whatsoever had been made out as to why the Appellant could not appear in time and contest the said application and the learned Judge further held that the application made by the Bank was not barred by limitation. On the basis of his above findings the learned Judge dismissed the said application of the Appellant.
(3.) This appeal is directed against the said judgment and order of the learned Judge and the only ground that has been canvassed before us is that the application for execution made by the Bank was barred by limitation.;