-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.52 OF 2008 APPEAL NO.52 OF 2008 APPEAL NO.52 OF 2008 Kantilal Balkrishna Kayastha & Anr. ...Appellants vs. vithal N.Nalawade ...Respondent Mr.G.S.Godbole for the Appellants CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Appellants. Second Appeal is admitted on the following substantial questions of law : i) Whether the courts below have committed an error by completely ignoring that the first Appellant had issued a notice of cancellation of the suit transaction on 25th September 1985 and the suit was filed on 3rd March 1992 ? ii) Whether the courts below completely ignored that by virtue of notice dated 25th September 1986 the plaintiff had a notice that the defendants have declined to perform their part of the contract and therefore, the suit ought to have been filed within a period of three years from the date of receipt of notice dated 25th September 1986? iii) Whether the courts below have completely glossed over the fact that the Appellant No.1 had no authority to execute an agreement for sale on behalf of the second Appellant -2- during the minority of the second Appellant ? 2. Printing is dispensed with. The Appellant is directed to file private paper book within a period of one year from today failing which Appeal will stand dismissed for non prosecution without further reference to the Court. JUDGE JUDGE JUDGE