SASTI DAS DEY Vs. SATYA CHARAN PAL

JUDGEMENT

(1.) The present appellant being aggrieved by the judgment and decree dated 30th November 1971 passed by the learned Judge, First Court, City Civil Court, in an Ejectment suit, presented a memorandum of Appeal in this Court. According to the report of the Stamp Reporter, the appeal was in time upto 7th February 1972 and out of time on 18th February 1972, that is, upto the date of presentation, by eleven days. The Memorandum of Appeal was accordingly, returned to the learned Advocate. On March 22, 1972 he filed an application under Section 5 of the LIMITATION ACT, 1963 along with the said Memorandum of Appeal before the Division Bench and the learned Judges of the Division Bench directed that the said application be placed before the appropriate Bench, on March 24, 1972. Amaresh Roy, J., summarily rejected the said application under Section 5 of the LIMITATION ACT, 1963.

(2.) The appellant has presented this Letter Patent Appeal against the said decision of Amaresh Roy J., summarily rejecting his application under Section 5 of the LIMITATION ACT, 1963.

(3.) In our view, no appeal under clause 15 of the Letter Patent lay against the said summary rejection of the appellant's application under Section 5 of the LIMITATION ACT, 1963. Therefore, it is not necessary for us to examine the further question as to whether the learned Judge was right in passing the above rejection order of the application under Section 5 of the LIMITATION ACT, 1963.