High CourtsFull Bench(1926) 05 CAL CK 0002

Secretary of State vs Rai Radha Kanta Aich and Another

Calcutta High Court · Decided on 18 May 1926 · Citation: AIR 1926 Cal 924

HON’BLE JUDGES
Sanderson, C.J · Suhrawardy, J · Rankin, J · Panton, J · Chatterjea, J

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Judgment

12 paragraphs · 190 words

Sanderson, C.J.—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 u/s 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 Ray Chaudhuri and Others Vs. 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.

4.

I agree.

Rankin, J.

5.

I agree.

Suhrawardy, J.

6.

I agree.

Panton, J.

7.

I agree.