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Ramapurath Varioth Krishna Variar Vs. Iringaloor Taravath Kunji Taravanar - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Reported in(1893)3MLJ190
AppellantRamapurath Varioth Krishna Variar
Respondentiringaloor Taravath Kunji Taravanar
Cases ReferredAbhoya Churn Chuckerbutty v. Gour Mohun Dutt
Excerpt:
- 1. the learned judge of this court is right. plaintiff was only entitled under section 14 of the limitation act to a deduction of the time between the institution of the suit and the disposal of the appeal against the order directing the plaint to be returned. that time ended on the day the order of the appellate court was pronounced and the court to which the plaint was again presented had no power to allow any further deduction and the suit was out of time after deducting the only time which could legally be allowed. the same view has been taken by the high court of calcutta, see abhoya churn chuckerbutty v. gour mohun dutt, 24 w. r. (c. r) 262. the appeal is rejected.
Judgment:

1. The learned judge of this Court is right. Plaintiff was only entitled under Section 14 of the Limitation Act to a deduction of the time between the institution of the suit and the disposal of the appeal against the order directing the plaint to be returned. That time ended on the day the order of the appellate court was pronounced and the court to which the plaint was again presented had no power to allow any further deduction and the suit was out of time after deducting the only time which could legally be allowed. The same view has been taken by the High Court of Calcutta, see Abhoya Churn Chuckerbutty v. Gour Mohun Dutt, 24 W. R. (C. R) 26

2. The appeal is rejected.


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