AHMAD SHEIKH Vs. PARIS MUSEUM

JUDGEMENT

(1.) THIS is a revision application directed against the order of remand passed by the Additional District Judge dated the 14th July 1956. The facts which gave rise to this revision application briefly stated are these. Ahmad Sheikh brought a suit against Paris Museum through Ghulam Nabi defendant for the recovery of Rs. 1856/4/ - on the basis of Bahi Khata. The defendant denied being the partner of the firm, Paris Museum and also denied having signed the entries in the Bahi Khata of the plaintiff for Rs. 1856/4/ -. The trial Court found that the defendant was not the partner of the firm. Paris Museum, and therefore, was not liable for the amount claimed by the plaintiff. The plaintiffs suit was dismissed. On appeal the Additional District Judge affirmed the finding of the trial Court as regards the liability of the defendant but remanded the case to the trial Court with the direction that the suit against the firm, Paris Museum, should be decided on merits according to law,

(2.) A preliminary objection is raised that the revision has been filed after a considerable delay and ought not to be entertained.

(3.) THE order was passed by the Additional District Judge on 14 -7 -1956 and the revision application was filed on 23 -2 -1957, after a lapse of nearly seven months. Although the legislature has not prescribed any period of limitation within which the revision application should be filed yet it has been the uniform practice of this Court and also of the other Indian High Courts that the revision application should be filed without delay within the period prescribed for filing an appeal unless some good reasons are shown for the delay in filing the revision application. Reliance may be placed on the following rulings: