MAMUDA KHATEEN Vs. BENIYAN BIBI
LAWS(CAL)-1976-8-19
HIGH COURT OF CALCUTTA
Decided on August 12,1976

MAMUDA KHATEEN Appellant
VERSUS
BENIYAN BIBI Respondents


Referred Judgements :-

RAKHAL CHANDRA GHOSH V. ASHUTOSH GHOSH [REFERRED TO]
SUDHANSU BHUSAN PANDEY V. MAJHE BIBI [REFERRED TO]
JNANADASUNDARI SHAHA VS. MADHABCHANDRA MALA [REFERRED TO]
CHARUSILA DASI V. ABHILAS BAURI [REFERRED TO]



Cited Judgements :-

RAM PYARE VS. MAHADEO [LAWS(ALL)-1981-9-40] [REFERRED TO]
NAUSAE VS. LYAKAT [LAWS(ALL)-2005-7-100] [REFERRED TO]
GEETA BALA GOYAL VS. KAILASH CHANDRA [LAWS(ALL)-2008-11-49] [REFERRED TO]
PREMWATI VS. MUNNI DEVI ALIAS MINAKSHI [LAWS(ALL)-2008-12-237] [REFERRED TO]
ABDUL BASITH MOHD VS. RAZIA BEGUM [LAWS(APH)-1996-6-49] [REFERRED TO]
RANI SATIJI MANDIR VS. SHYAM SUNDAR JHUNJHUNWALA [LAWS(CAL)-1983-4-4] [REFERRED TO]
AINTHU CHARAN PARIDA VS. SITARAM JAYANARAYAN FIRM [LAWS(ORI)-1984-8-1] [REFERRED TO]
BAL KISHAN VS. TULSA BAI [LAWS(MPH)-1986-9-3] [REFERRED TO]
AJITSINGH VS. BHAGWANLAL MASTER [LAWS(MPH)-1988-7-9] [REFERRED TO]
MANIRAM VS. FULESHWAR [LAWS(MPH)-1995-9-18] [REFERRED TO]
Paresh Premji Rajda VS. Commissioner of Income tax [LAWS(CAL)-1999-4-2] [REFERRED TO]
NIRMAL KUMAR DASGUPTA VS. BOARD OF TRUSTEES [LAWS(CAL)-2000-7-36] [REFERRED TO]
NOOR BEE VS. AFROJ BEE [LAWS(MPH)-2004-4-53] [REFERRED TO]
COMMISSIONER HUBLI DHARWAD MUNICIPAL CORPORATION VS. SHRISHAIL [LAWS(KAR)-2003-7-98] [REFERRED TO]
TWENTY FIRST CENTURY WIRE ROAD LTD VS. PUNJAB STEEL ROLLING MILLS BARODA PVT LTD [LAWS(GJH)-2009-7-67] [REFERRED TO]
SELLAMMAL VS. M NARAYANASAMY NAIDU [LAWS(MAD)-1994-8-58] [REFERRED TO]
LAXMI PRASAD DUBEY VS. GULAM ALI [LAWS(CHH)-2007-11-2] [REFERRED TO]
RAVNESHWARTHAKUR VS. NEERAJ KUMAR THAKUR [LAWS(PAT)-1995-10-5] [REFERRED TO]
SHYAM SUNDER SHARMA VS. PANNALAL JAISWAL [LAWS(SC)-2004-11-50] [REFERRED TO]
RATANSINGH VS. VIJAYSINGH [LAWS(SC)-2000-12-55] [REFERRED]
BHAGMAL ALIAS RAM BUX VS. MUNSHI [LAWS(SC)-2007-1-69] [REFERRED TO]
UMARDEEN VS. ADDITIONAL DISTRICT JUDGE COURT NO 6 MUZAFFAR NAGAR [LAWS(ALL)-2007-10-109] [REFERRED TO]
DIPTI GHOSH VS. SWAPAN KUMAR GHOSH [LAWS(CAL)-1990-7-22] [REFERRED TO]
MUHAMED ASHRAF VS. MAZEETH [LAWS(KER)-2003-7-17] [REFERRED TO]
NEELA CHINNA VS. GANGADHARAN PILLAI [LAWS(KER)-2011-3-396] [REFERRED TO]
NEELA CHINNA VS. GANGADHARAN PILLAI [LAWS(KER)-2012-3-318] [REFERRED TO]
SHREE SUMER COTTON MILLS VS. FIRM GUPTA COTTON COMPANY BHATINDA [LAWS(P&H)-2004-12-8] [REFERRED TO]
MEERA SINHA VS. GIRJA SINHA [LAWS(PAT)-2008-10-2] [REFERRED TO]
CHHELARAM VS. MANAK [LAWS(RAJ)-1997-1-55] [REFERRED TO]
KARAN SINGH VS. ANIRUDH SEN [LAWS(RAJ)-2000-4-66] [REFERRED TO]
NIRBHAY SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-7-28] [REFERRED TO]
JAGDISH KANWAR VS. RAM GOPAL SINGH [LAWS(RAJ)-2004-1-6] [REFERRED TO]
ALPANA DAS VS. PARESH CHANDRA DAS [LAWS(CAL)-2012-8-78] [REFERRED TO]
BHAG MAL VS. MUNSHI [LAWS(SC)-2007-4-168] [REFERRED TO]
MARAN CHANDRA SHIL VS. LAXMI RANI CHOWDHURY [LAWS(TRIP)-2014-5-7] [REFERRED TO]
SANDHA PAUL VS. REBA MONDAL [LAWS(CAL)-2014-12-110] [REFERRED TO]
SH. PRAKASH CHAND VS. TEXMACO LIMITED [LAWS(DLH)-2011-4-322] [REFERRED TO]
AMRIK SINGH CHANA AND ORS. VS. VIPIN KHANNA AND ORS. [LAWS(P&H)-2014-12-192] [REFERRED TO]
SHREE SUMER COTTON MILLS VS. FIRM GUPTA COTTON COMPANY AND ORS. [LAWS(P&H)-2005-1-150] [REFERRED TO]
FAKIRA MISHRA VS. BISWANATH MISHRA AND ORS. [LAWS(ORI)-2015-8-60] [REFERRED TO]
KISHORE CHANDRA NATH AND ORS. VS. KALINGA INSTITUTE OF MINING ENGINEERING AND TECHNOLOGY, ANGUL AND ORS. [LAWS(ORI)-2015-8-64] [REFERRED TO]
RAM MURTI CHOUDHARY VS. RAM NIHORA CHOUDHARY [LAWS(PAT)-2016-8-28] [REFERRED TO]
PANKU SON OF SUKHLAL HALBA VS. MANBHA BAI D/O SUKHLAL [LAWS(CHH)-2016-5-13] [REFERRED TO]
L RS OF KARAN SINGH VS. ANIRUDH SEN [LAWS(RAJ)-2000-4-100] [REFERRED]
UMARDEEN VS. ADDITIONAL DISTRICT JUDGE MUZZAFFARNAGAR & ORS. [LAWS(ALL)-2007-1-277] [REFERRED TO]
CENTRAL COUNCIL RADHASOAMI SATSANG AND 21 OTHERS VS. DR. D.K. HAZRA [LAWS(ALL)-2017-2-117] [REFERRED TO]
HEMALATA DEVI VS. COLLECTOR, GANJAM & OTHERS [LAWS(ORI)-2017-6-20] [REFERRED TO]
JAGABANDHU SAMAL VS. RABI SAMAL & OTHERS [LAWS(ORI)-2017-2-45] [REFERRED TO]
CHANDER SHEKHAR GUPTA AND OTHERSQ VS. RAJNI DEVI AND OTHERS [LAWS(J&K)-2018-5-2] [REFERRED TO]
J H JEWELLERS VS. UMED CHINDALIYA AND ORS [LAWS(DLH)-2018-12-306] [REFERRED TO]
KASHI RAM VS. STATE OF U.P. [LAWS(ALL)-2019-12-98] [REFERRED TO]
RAM PRASAD VS. ADDL. DIST. JUDGE COURT NO. 4 SPL. JUDGE [LAWS(ALL)-2019-12-144] [REFERRED TO]
RAMA DEVI VS. ADDL. DIST. AND SESSION JUDGE [LAWS(ALL)-2020-2-4] [REFERRED TO]
SANDHYA RANI MAJHI VS. CHAMPA BEWA [LAWS(ORI)-2020-1-32] [REFERRED TO]
SAIZAMI SAILO VS. HAUTHANGA [LAWS(GAU)-2021-2-21] [REFERRED TO]
GITABEN VASUBHAI PATEL VS. KAUSHALKUMAR BHANVARLAL SHAH [LAWS(GJH)-2021-9-55] [REFERRED TO]


JUDGEMENT

Sankar Prasad Mitra, C.J. - (1.)This matter has been referred under Chapter VII, Rule 2 of the Appellate Side Rules to a larger Bench by a Division Bench consisting of Mr. Justice A, C. Gupta and Mr. Justice S. C. Deb for a decision on the following question: Is an order rejecting the memorandum of appeal following the rejection of application under Section 5 of the Limitation Act for condonation of the delay in filing the appeal a decree ?
(2.)In the instant case, the proposed appeal to the first appellate Court, namely, the Court of the District Judge, was barred by limitation. An application was made under Section 5 of the Limitation Act for condonation of delay and the memorandum of appeal was sought to be filed along with the application. The application under Section 5 was rejected. It also appears that an order was made rejecting the memorandum of appeal. The question is whether the order rejecting the memorandum following the rejection of the application under Section 5 is a decree.
(3.)The referring Bench has noted a few conflicting decisions of this Court. In Sudhansu Bhusan Pandey v. Majhe Bibi, reported in (1938) 42 Cal WN 72 Mr. Justice Biswas expressed a tentative view that an order rejecting the memorandum of appeal would be a decree.
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