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M.V. Sundaresa Aiyar for Himself and as Official Receiver of the Estate of Pakala Venkata Rao Vs. Pakala Subba Rao and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil;Limitation
CourtChennai
Decided On
Reported inAIR1933Mad258; (1933)65MLJ193
AppellantM.V. Sundaresa Aiyar for Himself and as Official Receiver of the Estate of Pakala Venkata Rao
RespondentPakala Subba Rao and ors.
Excerpt:
- - the defendant after the plaintiff has exhausted his statutory limit of time clearly has justice on his side and the court has no right to interfere in order to override a lawful bar of limitation......of that right, and to order the litigation to proceed.2. obviously section 151 never confers any such power upon a court - a power for the ends of injustice and to promote abuse of the process of the court. the defendant after the plaintiff has exhausted his statutory limit of time clearly has justice on his side and the court has no right to interfere in order to override a lawful bar of limitation.3. the petition is allowed with costs throughout and the lower court's order is cancelled.4. this disposes of the appeal.
Judgment:

1. The Subordinate Judge has restored an application to restore a suit after that application was itself time-barred. He seems to have thought that when the defendant had acquired the right by operation of the law of limitation to claim that the litigation against him should cease, the Court has an inherent power to deprive the defendant of that right, and to order the litigation to proceed.

2. Obviously Section 151 never confers any such power upon a Court - a power for the ends of injustice and to promote abuse of the process of the Court. The defendant after the plaintiff has exhausted his statutory limit of time clearly has justice on his side and the Court has no right to interfere in order to override a lawful bar of limitation.

3. The petition is allowed with costs throughout and the Lower Court's order is cancelled.

4. This disposes of the appeal.


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