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Baldeo Vs. Bismillah Begam and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1887)ILR9All118
AppellantBaldeo
RespondentBismillah Begam and ors.
Excerpt:
appeal - death of defendant-respondent--civil procedure code, sections 368, 582--act xv of 1877 (limitation), schedule ii, no. 171 b. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which.....oldfield, j.1. we must give effect to the preliminary objection of the defendants-respondents, and hold that the application for substituting the names of the respondents was barred by article 171 b of the limitation act. that article refers to applications under section 368 of the civil procedure code, to have the representative of a deceased defendant made a defendant, and the time runs from the date of death. in the case before us the respondent who died is the defendant, and i think the article referred to applies in his capacity at defendant. on this ground i would dismiss this appeal with costs under section 368 of the civil procedure code.tyrrell, j.2. i concur.
Judgment:

Oldfield, J.

1. We must give effect to the preliminary objection of the defendants-respondents, and hold that the application for substituting the names of the respondents was barred by Article 171 B of the Limitation Act. That article refers to applications under Section 368 of the Civil Procedure Code, to have the representative of a deceased defendant made a defendant, and the time runs from the date of death. In the case before us the respondent who died is the defendant, and I think the article referred to applies in his capacity at defendant. On this ground I would dismiss this appeal with costs under Section 368 of the Civil Procedure Code.

Tyrrell, J.

2. I concur.


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