AIR 2008 CALCUTTA 175 ::2008 (6) AIR Kar R 909 ::(2010) 2 Cal HN 611 ::(2009) 1 CalLT 247 ::(2009) 2 ICC 569

Calcutta High Court

Hon'ble Judge(s): Pratap Kumar Ray, Manik Mohan Sarkar , JJ

(A) Kolkata Municipal Corporation Act (59 of 1980) , S.192— Civil P.C. (5 of 1908) , O.6 R.17— Vires of section - Upheld by Court in earlier decision - Amendment application relating to section being ultra vires - Allowing amendment does not have effect that Court has declared Act as ultra vires - But it means that Court practically has kept all issues open for adjudication at time of final hearing. (Para 9 10) (B) Limitation Act (36 of 1963) , S.5— Delay in preferring appeal - 'Sufficient cause' for condonation - Day to day explanation though not necessary - As yet, sufficiency of reason must be there - There is no details of different dates right from passing of order till date of filing of appeal - No sufficient cause has been mentioned for consideration and appreciation of matter to condone delay of 118 days - Delay cannot be condoned. (Para 6 7 11) .....