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Nayinakamen Bhattar and anr. Vs. Madureswara Bhattar and ors. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Reported in(1895)5MLJ58
AppellantNayinakamen Bhattar and anr.
RespondentMadureswara Bhattar and ors.
Cases ReferredThirthasami v. Seshagiri Pai The
Excerpt:
- 1. we agree with the subordinate judge that the plaintiffs are not entitled to the benefit of section 14 of the limitation act. the first plaint was returned, as the suit as framed was beyond the jurisdiction of the district munsif's court. they have now abandoned part of their claim and sued again in the same court. they might have done this at first. see bikutti v. kalendam i.l.r. (1890) m. 467 and, thirthasami v. seshagiri pai the suit is barred and the second appeal must be dismissed with costs.
Judgment:

1. We agree with the Subordinate Judge that the plaintiffs are not entitled to the benefit of Section 14 of the Limitation Act. The first plaint was returned, as the suit as framed was beyond the jurisdiction of the District Munsif's Court. They have now abandoned part of their claim and sued again in the same court. They might have done this at first. See Bikutti v. Kalendam I.L.R. (1890) M. 467 and, Thirthasami v. Seshagiri Pai The suit is barred and the second appeal must be dismissed with costs.


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