PARAG SAIKIA Vs. ASSAM FINANCIAL CORPORATION

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 2.1.2001 passed by the learned Additional District Judge, Dibrugarh in Misc Case No. 53/98. That was a judgment and order passed by the learned Addl. District Judge, Dibrugarh u/s 31 of the State Financial Corporation. Act, 1951. By the impugned judgment, the learned Judge allowed the petition and passed the following order :

(2.) Before the learned Judge, a question was raised that whether the case is barred by limitation and that is covered by Issue No. 2. The learned Judge relying on a decision of this Court in Shri Bani Barua & Ors. v. The Assam Financial , Corporation, Guwahati-5. held that Limitation Act shall not apply to an application u/s 31 of the aforesaid Act. It is the legality and validity of this Judgment and order which is challenged in this appeal.

(3.) We have heard Shrl M.K.Choudhury, the learned Advocate for the appellants and Mr. B.K. Goswami, the learned Advocate for the respondent.