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1999 DIGILAW 308 (CAL)

Achintya Nag Chowdhuri v. Dilip Adhikari

1999-06-14

MAHEMMAD HABEEB SHAMS ANSARI, S.B.SINHA

body1999
ORDER: In view of the decision of the Apex Court in State of West Bengal & Ors. vs. Kartick Chandra Das, reported in AIR 1996 SC 2437 , we are of the opinion that the provision of section 5 of the Limitation Act will also be applicable in an appeal under section 19 of the Contempt of Courts Act. 2. Having heard the learned counsel for the parties and having perused the application for condonation of delay, we are satisfied that there was sufficient cause shown by the appellants in not being able to file this appeal in time. The delay in filing this appeal is condoned. The application under section 5 of the Limitation Act is allowed. Let the appeal be now registered if it is otherwise in form. Re: CAN 3592 of 1999 3. Keeping in view the Division Bench decision in Ranjugopal Mukherjee vs. Ramapada Mahalder & Ors., reported in 1991 (II) CHN 174 we are prima facie of the opinion that this appeal is maintainable. Let hearing of the appeal be expedited. Let requisite number of informal paper book be filed within two weeks from date. All other formalities are dispensed with. Let the matter appear three weeks hence as "For Orders." 4. Xerox certified copy of this order if applied for urgently, be supplied on priority basis. Appeals allowed.