1. The appeal in this case raises the question whether the appeal to the lower Appellate Court was barred or not. In our opinion it was not time barred as the appellant was entitled to deduct the period during which the application for review was pending.
2. We accordingly decree these appeal, set aside the decrees of the lower Appellate Court and direst that the appeals be reheard by the lower. Appellate Court.
3. As no one appears for the respondents in these three appeals we make no order as to costs is of these appeals.
Purna Chandra Chattopadhya v. Sheikh Mabud Buksh And Others
Purna Chandra Chattopadhya v. Sheikh Mabud Buksh And Others
(High Court Of Judicature At Calcutta)
CALCUTTA HIGH COURT | 09-03-1922
Advocate List
Bench
- HON'BLE JUSTICE John Woodroffe, J
- HON'BLE JUSTICE Ghose, J
Eq Citations
- 68 IND. CAS. 200
- LQ/CalHC/1922/129
Head Note
Civil Procedure Code, 1908 — S. 96 — Appeal to lower Appellate Court — Time for filing — Period during which application for review pending — Deduction of — Held, appeal not time barred (Para 1)
