SECRETARY OF STATE Vs. RAI RADHA KANTA AICH

JUDGEMENT

(1.) In this matter two of my learned brothers referred the following question to the Full Bench, namely: Whether a suit to contest an order of the Board of Revenue under Section 6 of Act IX of 1847, declaring the liability of the lands, claimed as part of a permanently settled estate, to assessment of revenue, is barred by the one year's rule of limitation laid down in Section 24, Reg. II of 1819.

(2.) The learned senior Government Pleader, who appeared for the Secretary of State for India in Council, stated that he did not feel himself able to contest the correctness of the decision, which was given by a Division Bench of this Court, in Peary Lal Roy Chowdhury V/s. Secretary of State .

(3.) The result, therefore, is that the answer to the question, which has been referred to this Court, must be that the suit is not barred by the one year's rule of limitation laid down in Section 24 of Reg. II of 1819. Chatterjea, J.