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    <title>1987 (9) TMI 427 - CALCUTTA HIGH COURT</title>
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    <description>Section 5 of the Limitation Act is stated to apply to appeals under the Hindu Marriage Act because Section 29(3) is read as referring to original proceedings in the nature of suits, not appeals; the objection that matrimonial appeals are excluded therefore fails. Order 41 Rule 3A of the Code of Civil Procedure is described as a procedural requirement to ensure early consideration of limitation, but not a jurisdictional bar, so a later application for condonation of delay remains maintainable where Section 5 applies. An admission of the appeal after notice and hearing of the respondent is said not to be reopenable at that stage. The preliminary objections were overruled and the matter was directed to proceed on merits.</description>
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    <pubDate>Wed, 02 Sep 1987 00:00:00 +0530</pubDate>
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      <title>1987 (9) TMI 427 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=284093</link>
      <description>Section 5 of the Limitation Act is stated to apply to appeals under the Hindu Marriage Act because Section 29(3) is read as referring to original proceedings in the nature of suits, not appeals; the objection that matrimonial appeals are excluded therefore fails. Order 41 Rule 3A of the Code of Civil Procedure is described as a procedural requirement to ensure early consideration of limitation, but not a jurisdictional bar, so a later application for condonation of delay remains maintainable where Section 5 applies. An admission of the appeal after notice and hearing of the respondent is said not to be reopenable at that stage. The preliminary objections were overruled and the matter was directed to proceed on merits.</description>
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