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Bhikham Singh and anr. Vs. B. Bharat Indu and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in100Ind.Cas.45
AppellantBhikham Singh and anr.
RespondentB. Bharat Indu and ors.
Cases ReferredKali Prasad Misir v. Harbans Misir
Excerpt:
limitation act (ix of 1908), schedul i, article 120 - declaratory suit--title denied in revenue proceedings--cause of action. - interpretation of statutes definition clause: [markandey katju & h.l. dattu, jj] meaning given to an expression in one statute cannot be applied to another statute.1. the lower appellate court relied on. akbar khan v. turaban 1 ind. cas. 557 : 5 a.l.j. 637 : 31 a. 9 : a.w.n. (1903) 252 : 4 m.l.t. 444. its attention was not directed to sheopher singh v. deo narain singh 17 ind. cas. 675 : 10 a.l.j. 413, kali prasad misir v. harbans misir 50 ind. cas. 767 : 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 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. ordered accordingly. costs will abide the result.
Judgment:

1. The lower Appellate Court relied on. Akbar Khan v. Turaban 1 Ind. Cas. 557 : 5 A.L.J. 637 : 31 A. 9 : A.W.N. (1903) 252 : 4 M.L.T. 444. Its attention was not directed to Sheopher Singh v. Deo Narain Singh 17 Ind. Cas. 675 : 10 A.L.J. 413, Kali Prasad Misir v. Harbans Misir 50 Ind. Cas. 767 : 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 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. Ordered accordingly. Costs will abide the result.


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