The Calcutta Weekly Notes. Monday June 26 1939

" The fraud " said the learned Chief Justice " that is material upon the question of limtation is not fraud which occurred in the course of the sale proceedings but fraud by which there was concealed from the Petitioner the fact of the sale and the methods which had been employed to effect it. [...] The fact that is material is concealment of the right to apply to have the sale set aside that is to say concealment of the fraud or irregularity concerning the sale on which the right to apply would be founded. [...] If the fraud committed in the course of the sale proceedings is suppression of the very fact of the sale it seems to us that by such fraud the right to apply to have the sale set aside is also concealed. [...] The crucial date is the date of the institution of the suit. [...].34 of the Penal Code the question of motive is not material when there is direct evidence of the act of the accused and the acts themselves are suffcient to disclose the intention of the accused.