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Narayan Sadashiv Vs. Nimba Hari Shimpi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberCivil Application under Extraordinary Jurisdiction No. 24 of 1906
Judge
Reported in(1906)8BOMLR547
AppellantNarayan Sadashiv
RespondentNimba Hari Shimpi
DispositionApplication allowed
Excerpt:
civil procedure code (act xiv of 1882), section 43-splitting of cause of action-bond payable by instalments-suit for all instalments due.; in a suit to recover money due on an instalment bond, the plaintiff sued to recover the amount of one instalment only, although by that time two instalments had accrued due. he then brought a second suit to recover the amount of the second instalment : -; that the second suit was barred by section 43 of the civil procedure code, 1882 - lawrence jenkins, k.c.i.e., c.j.1. having regard to the decision in mackintosh v. gill (1873) 12 b.l.r. 37 and anderson v. kalagarla ilr (1885) 12 cal 339 and in particular to what is said at pages 342 and 347 of the latter case, we think it clear that the defendant has, in section 43 of the civil procedure code a complete answer to the plaintiff's claim.2. the rule must, therefore, be made absolute with costs, and the suit will be dismissed with costs throughout.
Judgment:

Lawrence Jenkins, K.C.I.E., C.J.

1. Having regard to the decision in Mackintosh v. Gill (1873) 12 B.L.R. 37 and Anderson v. Kalagarla ILR (1885) 12 Cal 339 and in particular to what is said at pages 342 and 347 of the latter case, we think it clear that the defendant has, in Section 43 of the Civil Procedure Code a complete answer to the plaintiff's claim.

2. The rule must, therefore, be made absolute with costs, and the suit will be dismissed with costs throughout.


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