JATINDRA KUMAR SEAL Vs. FATICK CHANDRA DAS

JUDGEMENT

(1.) After hearing counsel on either side it appears that the matter will have to go back to the learned trial court. The parties are agreed that Sec. 5 of the Limitation Act would be applicable and the matter be remanded back to the trial court for deciding the question of condonation of delay on merits. We accordingly set aside the High Court's Judgment and send the matter back to the trial court for disposal of the aforesaid question on merits.