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Bhawani Kuar and anr. Vs. Rikhi Ram and anr. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All356
AppellantBhawani Kuar and anr.
RespondentRikhi Ram and anr.
Excerpt:
suit for damages - suit for money received to plaintiff's use--act xv of 1872 (limitation act), schedule ii, article 62. - spankie, j.1. we are of opinion that the decision of the judge is erroneous.2. (ram kishen v. bhawani das i.l.r. 1 all. 333). the suit is not one for damages, but, under the circumstances, rather one for money payable by the defendant to the plaintiff for money received by the defendant for the plaintiff's use. the later decisions of this court, and notably the one marginally noted, take this view of the law. the limitation would be three years. we reverse the decision of the lower appellate court, and remand the appeal for re-trial on the merits; costs will abide the result.
Judgment:

Spankie, J.

1. We are of opinion that the decision of the Judge is erroneous.

2. (Ram Kishen v. Bhawani Das I.L.R. 1 All. 333). The suit is not one for damages, but, under the circumstances, rather one for money payable by the defendant to the plaintiff for money received by the defendant for the plaintiff's use. The later decisions of this Court, and notably the one marginally noted, take this view of the law. The limitation would be three years. We reverse the decision of the lower Appellate Court, and remand the appeal for re-trial on the merits; costs will abide the result.


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