Koji Ram Vs. Ishar Das and anr. - Court Judgment
|Court||Allahabad High Court|
|Judge||Oldfield and; Tyrrell, JJ.|
|Respondent||ishar Das and anr.|
suit for money paid by a pre-emptor under a decree for pre-emption which has become void - act xv of 1877 (limitation act), schedule ii, nos. 62, 97, 120--suit for money had and received for plaintiffs use--suit for money paid upon an existing consideration which afterwards fails. - oldfield and tyreell, jj.1. we are of opinion that article 97 of the limitation act may be applied to this suit, and, if not, article 120 would apply. the suit is not governed by article 62, as the judge considers. in the above view the suit is not barred by limitation, and we set aside the decree of the lower appellate court, and remand the case for trial on the merits. costs to follow the result.
Oldfield and Tyreell, JJ.
1. We are of opinion that Article 97 of the Limitation Act may be applied to this suit, and, if not, Article 120 would apply. The suit is not governed by Article 62, as the Judge considers. In the above view the suit is not barred by limitation, and we set aside the decree of the Lower Appellate Court, and remand the case for trial on the merits. Costs to follow the result.