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Ganesh Ravji Vs. Govind Gopal - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtMumbai
Decided On
Judge
Reported in(1885)ILR9Bom461
AppellantGanesh Ravji
RespondentGovind Gopal
Excerpt:
limitation - dekkham agriculturists' relief act, xvii of 1879, section 72--agriculturist co-defendant sued as surety merely to principal debtor on an unregistered money bond. - charles sargent, c.j.1. as the second defendant is merely a surety, the new period of limitation, substituted by section 72 of the dekkhan agriculturists belief act, xvii of 1879, for that prescribed by the limitation act xv of 1877, does not apply. the subordinate judge is, therefore, right in holding that the period of limitation is three year,-the bond, as we presume, not having been registered.
Judgment:

Charles Sargent, C.J.

1. As the second defendant is merely a surety, the new period of limitation, substituted by Section 72 of the Dekkhan Agriculturists Belief Act, XVII of 1879, for that prescribed by the Limitation Act XV of 1877, does not apply. The Subordinate Judge is, therefore, right in holding that the period of limitation is three year,-the bond, as we presume, not having been registered.


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