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Judgment
6 paragraphs · 224 wordsMaclean, C.J.—The application in this case was made u/s 214 of the Indian Companies Act of 1882 and stated briefly, the object of the application was to make the Applicant liable for the alleged misfeasance, or breach of trust, or one of the cases under that section.
The matter came before the District Judge of Backergunge. He made a decree against the Applicant for a sum of 600 rupees odd; the date of that decree was the 9th of July 1900 and the memorandum of appeal in this Court was not filed until the 28th 1903 of August 1900. It is urged for the Respondent that, having regard to Section 169 of the same Act, the appeal is out of time by reason of the fact that the notice required by the section was not given within three weeks after the order complained of was made. There is no valid answer to that contention: the language of Section 169 is absolutely clear upon the point.
We have been referred to the case of In re Estates Investment Company (1869) L.R. 8 Eq. C. 227. But that decision is not binding upon us and speaking with all respect, I am not disposed to follow it.
The appeal, which is out of time, must be dismissed with costs.
Geidt J.
I concur.