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Javariah Vs. Abdul Rahiman and anr. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtKarnataka High Court
Decided On
Case NumberCivil Revision Petition No. 73 of 1951-52
Judge
Reported inAIR1952Kant66; AIR1952Mys66; (1953)31MysLJ32
ActsLimitation Act, 1908 - Sections 3; Mysore High Court Civil Rules of Practice and Circular Orders - Rule 88(5)
AppellantJavariah
RespondentAbdul Rahiman and anr.
Advocates:Venkataranga Iyengar, Adv.
Excerpt:
.....time-barred, when the plaint was received and numbered as a suit on last day of limitation after office hours, as per section 3 of the limitation act, 1908, in respect of rule 88(5) of vol. 1 of the mysore civil rules of practice and circular orders - the court ruled that in the circumstances, it was improper to dismiss the suit as barred by limitation. - karnataka co-operative societies act, 1959. [k.a. no. 11/1959]. section 30-b: [s. abdul nazeer, j]. power of the state government to give direction in public interest - impugned notification directing leasing out raibag sahakari sakkare karkhane niyamitha, raibag, belgaum district - challenge to held, section 30-b of the act empowers the state government to give direction to any class of co-operative societies generally or to any..........a judge can receive a plaint or a petition on the last day of limitation after the close of office hours. there is nothing in law to prevent the receipt of a plaint or a petition after the close of office hours and there is hardly any doubt that the practice of receiving plaints for proper reasons after the close of office hours is a long standing one and no exception appears to have even been taken in respect of this practice. rule 88 (5) of the civil rules of practice and circular orders, volume i states as follows:'a plaint was received by the head munshi ofa munsiff's court after the close of office hours.it is unusual. but whenever a judge has-occasion to do it, he must give reasons in writingwhy this unusual procedure had to be adopted.the order admitting the plaint is a.....
Judgment:
ORDER

1. The order of the lower Court discloses that the plaint in the suit, S. C..NO. 1357/50-51 on the file of the Additional. Subordinate Judge, Mysore, was received by the learned Judge at 10-10 P.M., on the last day of limitation. Later the learned Judge dismissed the suit as barred by time on the ground that even assuming that the allegation in the affidavit filed by the plaintiff to explain the delay in filing the suit late on the last day of limitation to be true the presentation, of the plaint to the Judge at the late hour on the last day of limitation must be deemed to be after the period of limitation is over.

2. The Question for consideration is whether a Judge can receive a plaint or a petition on the last day of limitation after the close of office hours. There is nothing in law to prevent the receipt of a plaint or a petition after the close of office hours and there is hardly any doubt that the practice of receiving plaints for proper reasons after the close of office hours is a long standing one and no exception appears to have even been taken in respect of this practice. Rule 88 (5) of the Civil Rules of Practice and Circular Orders, Volume I states as follows:

'A plaint was received by the Head Munshi ofa Munsiff's Court after the close of office hours.It is unusual. But whenever a Judge has-occasion to do it, he must give reasons in writingwhy this unusual procedure had to be adopted.The order admitting the plaint is a judicial order-and the Higher Courts must know whether thediscretion was properly exercised or not.'

It will thus be seen that the High Court has recognised the practice. It cannot be said that receipt of plaint for proper reasons after office hoursis illegal. The learned Judge is wrong in dismissing the suit as barred by time after the plainthad been received by him on the last day of limitation and. after it had been numbered as a smallcause suit. The revision petition is allowed. Thejudgment and decree in the small cause suit areset aside and the suit is remanded for fresh disposal according to law.

3. Case remanded.


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