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Bhikam Singh and anr. Vs. Bharat Indu and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1927All296
AppellantBhikam Singh and anr.
RespondentBharat Indu and ors.
Cases ReferredKali Prosad Missir v. Harbans Missir
Excerpt:
- 1. the lower appellate court relied on akbar khan v. turaban [1909] 31 all. 9. its attention was not directed so sheopher singh v. durnarain singh [1912] 10 a.l.j. 413, kali prosad missir v. harbans missir [1919] 17 a.l.j. 588 and other cases in which it was held that the revenue court proceedings gave the plaintiffs a new cause of action. it is agreed by counsel for the appellants and for the respondents both that no question of limitation can therefore arise in this case, and that the suit must be remanded for decision by the lower appellate court on the merits. order accordingly. costs will abide the result.
Judgment:

1. The lower appellate Court relied on Akbar Khan v. Turaban [1909] 31 All. 9. Its attention was not directed so Sheopher Singh v. Durnarain Singh [1912] 10 A.L.J. 413, Kali Prosad Missir v. Harbans Missir [1919] 17 A.L.J. 588 and other cases in which it was held that the revenue Court proceedings gave the plaintiffs a new cause of action. It is agreed by counsel for the appellants and for the respondents both that no question of limitation can therefore arise in this case, and that the suit must be remanded for decision by the lower appellate Court on the merits. Order accordingly. Costs will abide the result.


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