Nagindas Kapurchand Vs. Maganlal Panachand - Court Judgment
|Case Number||Civil Extraordinary Application No. 67 of 1921|
|Judge||Norman Macleod, Kt., C.J. and ;Shah, J.|
.....to the proper court-plaint returned a few days later by the court- period between the dales of the order and actual return should he excluded.;a plaint was ordered to be returned, on the 24th june 1920, for presentation to the proper court, but it was actually returned on the 29th june 1920. it was presented to the proper court on the same day. the latter court declined to exclude the live days from 24th to 29th june 1920 from the period of limitation and held the suit time-barred with regard to some items. the plaintiff having applied to the high court :;that the five days' time should be excluded from the period of limitation.;a party cannot always get back his plaint on the same day as an order is made that the plaint has been filed in the wrong court; and as long as the..........court to allow the plaintiff the five days which elapsed between 24th june and 29th june in getting back a copy of the plaint and pass the necessary decree.costs costs in the suit.
Norman Macleod, Kt., C.J.
1. We think the Judge was wrong in disallowing the five days which elapsed between the 24th June and 29th June, on which latter date the plaintiff got back his plaint from the first Court. We see no reference in the judgment to the affidavit of the plaintiff that he had asked for the plaint on the 24th June, that he was told that a copy was to be made, and that the plaint would be returned after the copy was made. But in any circumstances a party cannot always get back his plaint on the same day as an order is made that the plaint has been filed in the wrong Court; and -as long as the plaintiff has exercised ordinary diligence in pursuing his claim, there is no reason why the period up to the day when he gets back his plaint should not be taken into account. Therefore, in this case, the rule will be made absolute by directing the lower Court to allow the plaintiff the five days which elapsed between 24th June and 29th June in getting back a copy of the plaint and pass the necessary decree.
Costs costs in the suit.