ANANDI RAM KALITA AND ANR. Vs. MT. CHADURI PACHINIONI

JUDGEMENT

(1.) THIS is a petition under Section 14, Limitation Act, for condoning the delay in filing an appeal from an order of Sri A. Kalita, Subordinate Judge, U.A.D., dated 30 -6 -54, by which he granted a probate, with a copy of the will annexed, to Mt. Chaduri Panchinioni, the sole executrix of the assets of her late husband. Mt. Chaduri (Respondent) had applied for the probate of the will. The matter was transferred to the Subordinate Judge who granted the probate. An appeal was filed, in the Court of the District Judge on 13 -8 -54 through Sri L. Barooah, B.L.

(2.) SECTION 14(1) provides that

(3.) THE error which has been responsible for the difficulty of the petitioners was obviously an error of law. Even a bona fide error of law on the part of a party or his agent may be regarded as sufficient ground for holding a proceeding to have been conducted in good faith. If errors of law are excluded from the ambit of the principle which forms the foundation of Section 14, the scope of the section would be considerably narrowed down.