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Suryaprakasa Row Vs. the Secretary of State for India in Council - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1903)13MLJ380
AppellantSuryaprakasa Row
RespondentThe Secretary of State for India in Council
Excerpt:
- 1. the suit is one brought to recover money alleged to have been illegally levied by government on account of fees said to be due to the karnam of the village. the fees were levied under madras act ii of 1864, and the plaintiff who is aggrieved by the action taken under that act is required by section 59 to bring his suit within six months of the date when the cause of action arose. the present suit is admittedly not brought within that time and is therefore barred and it is unnecessary to go into the merits. 2. we dismiss the second appeal with costs.
Judgment:

1. The suit is one brought to recover money alleged to have been illegally levied by Government on account of fees said to be due to the karnam of the village. The fees were levied under Madras Act II of 1864, and the plaintiff who is aggrieved by the action taken under that Act is required by Section 59 to bring his suit within six months of the date when the cause of action arose. The present suit is admittedly not brought within that time and is therefore barred and it is unnecessary to go into the merits.

2. We dismiss the second appeal with costs.


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