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1960 Supreme(Cal) 142

B.K.GUHA, P.N.MUKHERJEE, B.N.BANERJEE
MIDNAPORE ZEMINDARY CO. LTD. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.C.GUPTA, J.K.Sen Gupta, J.Majumdar, JNANENDRANATH MUKHERJEE, Satya Priya Ghosh

P. N. MOOKERJEE, J.

( 1 ) THREE questions require answer in this Reference. They are, to quote them from what maybe called the order of reference, in the following terms:" (i) Whether, apart from statute, there may be suspension of limitation or extension of prescribed periods of limitation; (ii) whether, in the above respect, cases coming under the Bengal Tenancy Act, stand on any special or different footing by reason of Section 185 of the said Act, which makes, inter alia, Section 9 of the Indian Limitation Act inapplicable to suits, appeals and applications, specified in Schedule III, annexed to the Bengal Tenancy Act; and (iii) whether the case of Midnapore Zemindary Co. , Ltd. v. Naba Kumar Singh, AIR 1950 Cal 298, was rightly decided" and, in answering them, we have only to add that, as they arose before the referring Bench in relation to a suit, our answers would proceed on that footing and would comprehend no greater scope. For purposes of this reference, therefore, the questions referred must be understood with reference to suits and they will be dealt with accordingly.

( 2 ) THE scope of the reference being defined as aforesaid, we proceed now to answer the questions.


























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