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Jagmohan Saran Vs. Sahu Deoki Nandan - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtMumbai
Decided On
Judge
Reported in(1927)29BOMLR1386
AppellantJagmohan Saran
RespondentSahu Deoki Nandan
DispositionAppeal dismissed
Excerpt:
indian limitation act (ix of 1908), article 118-suit to declare, invalidity of adoption-knowledge of alleged adoption for over six years.;article 118 of the indian limitation act, 1908, governs a suit which is in effect and substance one for a declaration that a. particular adoption is invalid.;where the plaintiff had knowledge for more than six years prior to the institution of the suit that a claim on the strength of the alleged adoption was being made the suit would be barred by article 118, indian limitation act, 1008. - .....case on a very short ground. it has been made clear that this action is in truth and substance a suit for a declaration that a particular adoption was invalid. it is plain that the fact that a claim was being made on the basis of this alleged adoption was known to the plaintiff in the suit more than six years before it was instituted, and that he himself had attained majority nearly nine years before the suit was commenced. the suit being in substance one for a declaration to the effect just stated, their lordships, on these uncontested facts, are of opinion that it is barred by article 118 of the indian limitation act. in these circumstances no useful purpose would be served by any further examination here and now of the matters in controversy; and for the reason that the suit is out.....
Judgment:

Blanesburgh, J.

1. As a result of the opening of this appeal by Mr. Dunne, it is possible for their Lordships to dispose of the case on a very short ground. It has been made clear that this action is in truth and substance a suit for a declaration that a particular adoption was invalid. It is plain that the fact that a claim was being made on the basis of this alleged adoption was known to the plaintiff in the suit more than six years before it was instituted, and that he himself had attained majority nearly nine years before the suit was commenced. The suit being in substance one for a declaration to the effect just stated, their Lordships, on these uncontested facts, are of opinion that it is barred by Article 118 of the Indian Limitation Act. In these circumstances no useful purpose would be served by any further examination here and now of the matters in controversy; and for the reason that the suit is out of time their Lordships will humbly advise His Majesty that this appeal by the plaintiff should be dismissed. The appellant must pay the costs.


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