TULSI CHARAN DAS ADHIKARY Vs. RAM HARI MANDAL

JUDGEMENT

(1.) This Rule was obtained by the Petitioner against an order of the learned Munsif, sitting as the Appellate Officer under the Land Reforms Act, holding that the Petitioner's appeal before him was time -barred and no condonation of delay or extension of time could be granted either as a matter of law or on facts.

(2.) The matter arises in this way. The order in question was passed by the Ehagchash Officer on May 15,1961. The appeal was presented to the Court of the learned Munsif on June 19,1961. On a report by the office that the appeal was prima facie time -barred, it having been filed late by two days, the Petitioner was asked to show cause how the appeal would be maintainable. Thereafter, he filed a petition showing cause, and upon his affidavit in support of the said petition the appeal was admitted provisionally subject to objection at the hearing on the ground of limitation. The Respondent opposite party upon entering appearance in the appeal took objection on the ground of limitation or, in the words, claimed that the appeal was time -barred and there was no case for condonation of delay or extension of time either as a matter of law or on facts.

(3.) At the final hearing before the learned Munsif on this question of limitation the learned Munsif held against the present Petitioner on all the above points rejecting his reliance on Sec. 5 of the Limitation Act and also rejecting his contention that the time requisite under Sec. 12 of the Limitation Act, which would obviously apply -to the instant case, would run in the circumstances of this case and in matters like the present upto the date of delivery of the copy of the Appellant and not merely to the date when the copy was made ready for delivery according to the office report.