GENERAL MANAGER W BCCL Vs. MINOTI ENGINEERING WORKS

JUDGEMENT

(1.) The judgment-debtors of Money Suit No.8 of 1991 of the Court of the learned Civil Judge (Senior Division), 3rd Court at Howrah have come up with this application under section 115 of the Civil Procedure Code challenging the order dated 17.8.2000 passed by the said Court in connection with the application under section 5 of the Limitation Act praying condonation of delay in filing the application under Order 47 Rule 1 of the Civil Procedure Code for review of the judgment and decree of the said suit as was registered as Miscellaneous Case No. 11 of 1998.

(2.) By the impugned order, the learned Court rejected the application under section 5 of the Limitation Act and as a consequence thereof, the application under Order 47 Rule 1 of the Civil Procedure Code was also rejected. For adjudication of the matter, the relevant facts are necessary to be discussed and accordingly the said facts in brief are stated hereinbelow:

(3.) M/s. Minoti Engineering Works being the plaintiff filed the Money Suit No. 8 of 1991 against the present petitioners and Union of India as defendants for realization of Rs. 6,36,200.87 p., the value of the goods as supplied by the plaintiff to the defendants. The plaintiff prays for the following reliefs: