MAHABIR PRASAD AND ANOTHER Vs. KEDAR NATH

JUDGEMENT

(1.) The present case was filed as an application under Sec. 115 of the Code of Civil Procedure. The applicants Mahabir Prasad and Beni Madho had applied to the Collector, Rae Bareli under Sec. 4 of the E. E. Act. That application was sent to the Special Judge, second grade, Pratapgarh. The Special Judges issued notices for the purposes of creditors inviting them to file written statements of claims. Kedar Nath, the opposite-party, who claimed to be one of the creditors, filed his written statement, but that was filed beyond the period prescribed under the Act. The applicants objected to the filing of the written statement on the ground of limitation.

(2.) The Special Judge rejected the written statement on the ground that it was filed beyond limitation.

(3.) There was an appeal to the District Judge who dismissed the objection and allowed the written statement to be accepted as within time. Aggrieved by that decision the applicants came to this Court in revision under Sec. 115 of the Code of the Civil Procedure.