- (1.) Having regard to the fact that the revisional application was converted into this appeal, we ignore the report of the Stamp Reporter on limitation.
(2.) This is an exceptional case where we find that the learned first appellate court dismissed the appeal filed by the defendants/appellants (tenants) on the ground that the first appeal could not be disposed of by the learned court below within the time fixed by this Hon'ble Court at the time of disposal of a revisional application arising out of an interlocutory order passed in the appeal. Accordingly, the appeal was dismissed.
(3.) The legality and/or propriety of the said order is under challenge before us. We find that the following substantial question of law is involved for which this second appeal is required to be admitted :- "Whether the statutory right of appeal of the appellants can be defeated only because of the fact that the appeal court was unable to decide the appeal on merit within the time limit fixed by this Court for disposal of the appeal Since the respondents are represented by Mr. Roy, learned advocate, service of notice of appeal upon the respondents is dispensed with. The appeal is thus treated as ready as regards service.";