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Ram Prasad & Ors. vs Addl. Dist. Judge Court No. 4 Spl. Judge ... on 18 December, 2019 cites

Promotho Nath Roy vs W.A. Lee on 5 August, 1919

"In the present case, the appeal was dismissed as barred by limitation. That it was an appeal even though barred by time is clear from Mela Ram & Sons v. C.I.T. (AIR 1956 SC 367) where Venkatarama Ayyar J., speaking for the Court, after referring to Nagendra Nath Dey v. Suresh Chandra Dey, (AIR 1932 PC 165), Raja Kulkarni v. State of Bombay (AIR 1954 SC 73) and Promotho Nath Roy v. W. A. Lee (AIR 1921 Cal 415) held that "an appeal presented out of time is an appeal, and an order dismissing it as time-barred is one passed in appeal". There can be no dispute then that in law what the respondent did was to file an appeal and that the order dismissing it as time-barred was one disposing of the appeal."
Calcutta High Court Cites 4 - Cited by 16 - Full Document

Sheodan Singh vs Smt. Daryao Kunwar on 14 January, 1966

The Supreme Court was of the view that the decision in Sheodon Singh v. Dariao Kunwar, AIR 1966 SC 1332 wherein also it was held that dismissal of an appeal from a decree on the ground that the appeal was barred by limitation, was a decision in the appeal and that such dismissal, when it confirms the decision of the Trial Court on the merits, itself amounts to the appeal being heard and finally decided on the merits, whatever may be the ground for dismissal of the appeal, was also not noticed in Ratan Singh's case (supra) and latter was in conflict with the said decision.
Supreme Court of India Cites 7 - Cited by 300 - K N Wanchoo - Full Document
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