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Appa Rau Sanayi Aswa Rau Vs. Krishnamurthi - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad249
AppellantAppa Rau Sanayi Aswa Rau
RespondentKrishnamurthi
Cases ReferredFull Bench Case Veeramma v. Abbiah I.L.R.
Excerpt:
limitation act - act xv of 1877, section 5--suit under section 77 of registration act--act iii of 1877-- applicability of limitation act, section 5--filing of suit on re-opening of court. - 1. though the precise point for decision in the full bench case veeramma v. abbiah i.l.r. 18 mad. 99 related to the applicability of section 7 of the limitation act alone to suits brought under section 77 of the registration act, yet having regard to the reasoning, as a whole, adopted by the learned judges in arriving at their conclusion that section 7 did not apply, we think we cannot but hold, on the strength of that decision, that section 5 also is inapplicable to such suits.2. arguments, however, have been urged before us, which appear to have considerable force in favour of the applicability of section 5, but we think the question is concluded by the full bench decision, and consequently that we are not at liberty to discuss it.3. the appeal fails and is dismissed with costs.
Judgment:

1. Though the precise point for decision in the Full Bench Case Veeramma v. Abbiah I.L.R. 18 Mad. 99 related to the applicability of Section 7 of the Limitation Act alone to suits brought under Section 77 of the Registration Act, yet having regard to the reasoning, as a whole, adopted by the learned Judges in arriving at their conclusion that Section 7 did not apply, we think we cannot but hold, on the strength of that decision, that Section 5 also is inapplicable to such suits.

2. Arguments, however, have been urged before us, which appear to have considerable force in favour of the applicability of Section 5, but we think the question is concluded by the Full Bench decision, and consequently that we are not at liberty to discuss it.

3. The appeal fails and is dismissed with costs.


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