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Balkrishna Pandurang Vs. Govind Shivaji - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtMumbai
Decided On
Judge
Reported in(1883)ILR7Bom518
AppellantBalkrishna Pandurang
RespondentGovind Shivaji
Excerpt:
limitation - act xv of 1877, schedule ii, article 84--suit by vakil--termination of suit. - west, j.1. 'the termination of a suit is when judgment is given in the court in which the action is commenced.'--per blackburn, j., in harris v. quine l.r. 4 q.b. 658. the time for limitation is to be counted, under article 84, sch. ii of act xv of 1877, from the termination of the suit. the pleader in this case instituted his suit more than three years after the termination thus defined of the one in which he had been retained by the defendant. his suit, therefore, was barred by limitation.
Judgment:

West, J.

1. 'The termination of a suit is when judgment is given in the Court in which the action is commenced.'--per Blackburn, J., in Harris v. Quine L.R. 4 Q.B. 658. The time for limitation is to be counted, under Article 84, sch. II of Act XV of 1877, from the termination of the suit. The pleader in this case instituted his suit more than three years after the termination thus defined of the one in which he had been retained by the defendant. His suit, therefore, was barred by limitation.


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