SUBRATA MUKHERJEE Vs. BISHAKHA DAS

JUDGEMENT

(1.) The Judgment of the Court was as follows:

(2.) Another learned single Judge, in the case of C. O. 4216 of 2006 (Md. Safique v. Chowdhury Abdul Kader @ Abdul Kader Chowdhury and Ors. ) held that the provisions of section 5 of the Limitation Act could not be made applicable, by necessary implication that the time limit prescribed in section 7(2) of the said Act of 1997 is rigid and Court has no power to condone the delay.

(3.) The learned referring Court could not accept the aforesaid decision and was of the view that there is scope for applicability of section 5 of the Limitation Act, 1963. This view is also reiterated by the same Court subsequently in C. O. 3054 of 2011 (Pratap Singh Bengani and Ors. v. M/s. Calcutta Tent Industries).