REGENT COMPUTRONICS PVT. LTD.

MINOR SUBIR RANJAN MONDAL Appellant

V/S

SITA NATH MUKHERJEE Respondents

Referred Judgements :-

ASMATALI SHARIP V. MUJARALI SARDAR [REFERRED TO]
ASHALATA BAIRAGYA V. GOPAL CHANDRA [REFERRED TO]
ANIL KUMAR MONDAL V. AMULYA CHARAN MONDAL [REFERRED TO]
SURENDRA NATH JANA V. ABHIMANYU JANA [REFERRED TO]
INDIAN IRON AND STEEL CO. V. SHISH RAM [REFERRED TO]
PRASANNA KUMAR GIRI V. GANGADHAR RAUT [REFERRED TO]
ORIENTAL COAL COMPANY LTD. V. U. ROY [REFERRED TO]
GAYA PRASAD SHAW V. KHAGENDRA N. CHAKRABORTY [REFERRED TO]
BHARAT BANK LIMITED DELHI VS. EMPLOYEES OF BHARAT BANK LTD [REFERRED TO]
BISHAN SINGH VS. KHAZAN SINGH [REFERRED TO]
RADHAKISHAN LAXMINARAYAN TOSHNIWAL VS. SHRIDHAR RAMCHANDRA ALSHI [REFERRED TO]
RAM CHANDRA AGGARWAL THE ATTORNEY GENERAL FOR INDIA INTERVENER VS. STATE OF UTTAR PRADESH [REFERRED TO]
HUKUMDEV NARAIN YADAV VS. LALIT NARAIN MISHRA [REFERRED TO]
COMMISSIONER OF SALES TAX U P LUCKNOW VS. PARSON TOOLS AND PLANTS KANPUR [REFERRED TO]
MANGU RAM RAM PERSHAD GONDAMAL VS. MUNICIPAL CORPORATION OF DELHI:MUNICIPAL CORPORATION OF DELHI [REFERRED TO]
MOHAMMAD ASHFAQ VS. STATE TRANSPORT APPELLATE TRIBUNAL U P [REFERRED TO]
KERALA STATE ELECTRICITY BOARD TRIVANDRUM VS. T P KUNHALIUMMA [REFERRED TO]
RAGHUBIR JHA VS. STATE OF BIHAR [REFERRED TO]
SAKURU VS. TANAJI [REFERRED TO]
MAJOR RETD INDER SINGH REKHI VS. DELHI DEVELOPMENT AUTHORITY [REFERRED TO]
JOHRI SINGH VS. SUKH PAL SINGH [REFERRED TO]
SHRIDHAR S O RAM DULAR VS. NAGAR PALIKA JAUNPUR [REFERRED TO]
RADHARANI DASI VS. ATUL CHANDRA MONDAL [REFERRED TO]
RAM KUMAR KAJARIA VS. CHANDRA ENGINEERING INDIA LTD [REFERRED TO]
DWIJAPADA HALDAR VS. PRAFULLA CHANDRA HALDAR [REFERRED TO]
NIRMAL KUMAR BANERJEE VS. PANIHATI CO OPERATIVE BANK LTD [REFERRED TO]
HAYATKHAN VS. MANGILAL [REFERRED TO]
KOCHADAI NAIDU VS. NAGAYASAMI NAIDU [REFERRED TO]
CHANDRA SEKHAR SARKAR VS. BAIDYANATH GHOSH [REFERRED TO]
KULAMANI KAR VS. ORISSA LAND REFORMS TRIBUNAL-CUM-SUBORDINATE JUDGE AND [REFERRED TO]
UNION OF INDIA VS. DIWAN CHAND [REFERRED TO]

JUDGEMENT

(1.) Whether S. 5 of the Limitation Act is applicable to an 'application' u/S. 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as "the Act") is the question that needs to be decided in the aforesaid six Revisional Applications. Initially C.O. Nos. 3598 and 3599 of 1991, C.O. No. 3615 of 1991 and C.O. No. 852 of 1991 were heard by me at length and the judgments were reserved. Subsequently, two other revisional applications, namely, C.R. Nos. 2992 and 2993 of 1986, came up for hearing before me in which the same. question was involved.

(2.) The learned lawyers, appearing for the respective parties in the subsequent two revisional applications, wanted to argue the said two revisional applications and for that reason, I had to hear them as well. In order to give opportunities to the learned lawyers, appearing for the parties in the subsequent two revisional applications, I had to reserve my judgments of the other four revisional applications which were heard earlier. C.R. Nos. 2992 and 2993 of 1986 were heard separately and by a common judgment, all the aforesaid Revisional Applications are being disposed of. Since in all the revisional applications a common question of law arises, it would be fit and proper to take up the said question of law first for decision.

(3.) Accordingly, I proceed to decide the said question of law, referred to hereinabove first, before taking up for decision of each of the revisional applications on merits. As already stated hereinabove, the question of law that needs to be decided in these revisional applications is whether S. 5 of the Limitation Act can be applied to an "application" u/S. 8 of the Act or in other words, an application u/S. 8 of the Act can be filed with a prayer for condonation of delay u/S. 5 of the Limitation Act.

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MINOR SUBIR RANJAN MONDAL Vs. SITA NATH MUKHERJEE

Referred Judgements :-

JUDGEMENT

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