SACHINDRA NATH Vs. JADUNATH ROY

JUDGEMENT

(1.) This is a petition for revision of an order of a lower appellate Court dismissing an appeal from an order of a learned Munsif refusing to set aside a sale under Section 174, Bengal Tenancy Act.

(2.) It will be unnecessary to deal with the facts of the case in any detail because the case was disposed of on a point of limitation.

(3.) Admittedly the last day for preferring an appeal to the lower appellate Court was 22nd March 1948. On that date the appellant presented the appeal, but he did not deposit in Court the amount recoverable in execution as required by the proviso to Section 174 (5), Bengal Tenancy Act. The Court made the following order -- that the appeal be registered and the appellant was directed to deposit the amount recoverable in execution of the decree within limitation. The amount recoverable was not deposited for some little time and indeed could not have been deposited within limitation because the case was filed on the last possible day.