- (1.) A frivolous objection has been taken on behalf of the first respondent plaintiff, questioning the propriety of the appeal being entertained more than a decade after the appeal was filed. The first respondent says that the appeal from a decree passed by the City Civil Court should have been carried to this court within 30 days.
(2.) It appears from the papers, including the certified copy of the judgment and decree and the original presentation form, that the application for obtaining the certified copy of the judgment and decree of November 17, 2004 was made on December 8, 2004; that it was notified for affixation of stamp on February 21, 2005; that appropriate stamp was affixed on the same date; and, that the certified copy was made available for collection on February 28, 2005. The appeal was filed in this Court on March 2, 2005. Notwithstanding the delay of about 20 days or so in applying for the certified copy of the judgment and decree, the appeal was filed within the period of 30 days and there was nothing improper in the appeal being entertained.
(3.) It is ironical that the issue of limitation has been raised since the suit for defamation was ex facie barred by limitation and plain to see from paragraph 5 of the plaint. Paragraph 5 of the plaint has pleaded as follows:- "That the cause of action arose on or about April, 1999 when contract of credit card was made and subsequently when on 14.12.2000 when international credit Card was issued and on 14th October, 2001 when the plaintiff was denied his credit card user and demand and maligned and on 4.5.2002 when Defendant from the further exonerated his liability with manifestly defamed and slander and on 13.7.2002 when notice was served and the same arose at 19/B, J.L. Nehru Road, P.S. - Shakespeare Sarani, Previously known P.S.-Park St. Kolkata - 700087 and also at Kanak Building, 41, Chowringhee Road, P.S. Shakespear Sarani, Calcutta - 700071 and the same is continuing.";