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The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
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STATE OF WEST BENGAL vs. ADMINISTRATOR, HOWRAH MUNICIPALITY & ORS.

SCR Citation: [1972] 2 S.C.R. 874
Year/Volume: 1972/ Volume 2
Date of Judgment: 14 December 1971
Petitioner: STATE OF WEST BENGAL
Disposal Nature: Appeals Allowed
Neutral Citation: 1971 INSC 348
Judgment Delivered by: Hon'ble Mr. Justice C.A. Vaidyialingam
Respondent: ADMINISTRATOR, HOWRAH MUNICIPALITY & ORS.
Case Type: CIVIL APPEAL /821/1968
Order/Judgment: Judgment
1. Headnote

Limitation Act, 1963, s. 5-Sufficient cause' and 'necessary steps", scope of Party acting on advice of legal adviser-If sufficient cause.

In certain land acquisition references the District Judge passed an order in 1963 awarding compensation to be paid by the appellant to the first respondent. When the first respondent levied execution on the appellant filed objections on August 27, 1964, under s. 47, Civil Procedure Code, but the objection petitions were dismissed in January 1965. On March 4, 1965, it was discovered that no appeal was filed against the order of the district judge awarding compensation. Thereafter the appellant took diligent and active steps to challenge the decision of the district judge. On the advice of the legal adviser an application under Art. 227 was filed on May 17, 1965 and on July 4, 1965 appeals were filed against the decision of the district judge with an application under s. 5 of the Limitation Act, 1963, praying that the delay in filing the appeal may be excused. In that application after stating the above facts it was also averred that the delay was caused by the omission and neglect of the Government Pleader to advise the appellant. The High Court held that the appellant had not sufficiently explained the delay during the period between August 27, 1964 2nd July 3, 1965 but gave no reasons for its conclusion.

2. Case referred
3. Act
  • Limitation Act, 1963 (36 of 1963)
4. Keyword
  • Limitation Act
  • 1963
5. Equivalent citation
    Citation(s) 1972 AIR 749 = 1972 (1) SCC 366 = 1972 (1) Suppl. SCC 366 =