1. Present petition has been filed challenging the order dated October 3, 2023
passed by Learned Civil Judge Junior Division 2nd Court, Barrackpore, North 24
Parganas in Misc. Appeal No. 02/2022, vide which the appeal filed by the
petitioner, against the order dated October 4, 2021 and notice dated November 3,
2021 of the Chairperson Board of Administrators, North Barrackpore, was
dismissed being barred by law of limitation. The petitioner aggrieved of this
invoked the jurisdiction of this Court predominantly on the ground that since no
limitation has been prescribed in the West Bengal Municipal Act, 1993
(hereinafter to be referred as Municipal Act), the impugned order is erroneous in
law. Learned counsel further submits that no limitation has been prescribed for
filing the appeal in Municipal Act, 1993. Learned counsel submitted that the
Learned Trial Court has erroneously and wrongly attributed the period of
limitation as provided under the Limitation Act in the present proceedings and,
therefore, the same is liable to be dismissed.
