Kolkata Court December 1890 Judgments

Shooshee Bhusan Rudro and anr. Vs. Gobind Chunder Roy and ors.

Court: Kolkata

Reported in: (1891)ILR18Cal231

O'kinealy and Ghose, JJ.1. In this case a rule was issued calling upon one of the parties in the case to show cause why an order of the Munsif of Goalundo, dated the 4th August last, should not he set aside. The facts are shortly as follows. A sale took place under the Rent Act, and after the sale the judgment-debtor applied to the Munsif to have the sale set aside. He deposited in Court for payment to the decree-holder the amount decreed with costs, and for payment to the purchaser 5 per cent. on the purchase-money. That application was made on the 21st July. The sale took place on the 20th June. So that more than 30 days, the time allowed by Section 74 of the Rent Act, had elapsed between the sale and the application. The application was made one day more than the law allowed, but the delay was not due to the applicant himself, but to the fact that the 30th day fell on a Sunday, and the Court was closed. The question, therefore, that arises for decision is, whether, when a fixed peri...