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Soosaya Pillai Vs. Aiyakannu Pillai (Dead) and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1906)16MLJ475
AppellantSoosaya Pillai
RespondentAiyakannu Pillai (Dead) and ors.
Cases ReferredVakkalagadda Narasimham v. Vahizulla Sahib I.L.R.
Excerpt:
- .....who died on, the 2nd october 1902 the 4th, 5th, and 6th respondents as his representatives is time barred.2. it is contended that the application is governed by article 175 c. of schedule 2 of the limitation act and therefore time barred, not having been made within 6 months of the death of 1st respondent.3. being an application presented in a second appeal, it is not strictly made under section 582, c.p.c. and, therefore, it is not within the language of article 175(c). 'the application is one which is made by virtue of section 587, c.p.c, which renders the chapter in which section 582 occurs applicable to second appeals.4. it is argued that the reference to section 582 in article 175 c. should be held to include by implication second appeals referred to in section 587, but this.....
Judgment:

1. The first question for determination is whether the application made on behalf of the appellant on the 28th September 1903 to substitute for the 1st respondent who died on, the 2nd October 1902 the 4th, 5th, and 6th respondents as his representatives is time barred.

2. It is contended that the application is governed by article 175 c. of Schedule 2 of the Limitation Act and therefore time barred, not having been made within 6 months of the death of 1st respondent.

3. Being an application presented in a second appeal, it is not strictly made under Section 582, C.P.C. and, therefore, it is not within the language of Article 175(c). 'The application is one which is made by virtue of Section 587, C.P.C, which renders the chapter in which Section 582 occurs applicable to second appeals.

4. It is argued that the reference to Section 582 in Article 175 c. should be held to include by implication second appeals referred to in Section 587, but this contention is opposed to the ratio decidendi of the Full Bench decision in Lakshmi v. Sridevi I.L.R. 22(1885) M. 1, which has been followed by all the other. High Courts. See Debi Din v. Chunna Lal I.L.R. 22(1888) A. 264, Balkrishna Gopal v. Bal Joshi Sadashiv Joshi I.L.R. 22(1886) B. 663 and Udit Narain Singh v. Harogouri Prasad I.L.R. 22(1886) C. 590. The case of Vakkalagadda Narasimham v. Vahizulla Sahib I.L.R. 22(1905) M. 498 is in direct conflict with the principle on which the Full Bench proceeded, and which, in our opinion, must be adopted as correct.


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