Sachi Kanta Hazari, J. - (1.) Heard learned Advocates for the appealing parties and perused the application under Section 5 of the Limitation Act. We are satisfied with the cause shown for moving the application under Section 115 of the Code of Civil Procedure beyond the period of limitation. The delay is condoned.
(2.) The revisional application under Section 115 of the Code of Civil Procedure is directed against an Order, dated 31st May 1985 passed by the Fifth Subordinate Judge, Alipore in Title Suit No. 76 of 1981 allowing the application of the Receiver to draw commission at the rate of 5 per cent of the sale proceeds in addition to his fixed salary of Rs. 700 per month upto February, 1985.
(3.) The United Bank of India filed the suit being Title Suit No. 76 of 1981 against the opposite parties defendants for receivers of Rs. 6,70,500.43 P. calculating interest up to 12th May, 1981. Sri Uday Narayan Ghosh, an Advocate practising at Alipore Court, was appointed Receiver at a fixed salary of Rs. 700 per month, and ultimately as per the Order of the Court the suit property situate at Bonhooghly was sold for Rs. 5,20,000. The Receiver filed an application before the Trial Court for his remuneration for the sale of the suit property in terms of the Order of the Court. The Trial Court directed by the impugned Order that the Receiver would be entitled to a commission of 5 per cent of the sale proceeds. The petitioner has moved the instant application against the said Order.;