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Venkatramana and anr. Vs. Thir Singh and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad280
AppellantVenkatramana and anr.
RespondentThir Singh and anr.
Cases ReferredKrishna Reddi Govindu Reddi v. Stuart I.L.R.
Excerpt:
boundary act, section 25 - limitation--power of governor in council to extend period. - .....been obtained when the previous suit was filed, and therefore that suit might have been at once rejected, and was necessarily dismissed. it could not be determined on the merits. the order has now been obtained, and we must assume it has been obtained on sufficient grounds. there is now nothing to debar the court from entertaining the suit. the government enjoys under this act the unique power of extending the period of limitation in such cases, and all that was decided in the former proceeding was that the ordinary period had expired and had not been extended.2. the decree of the lower appellate court is set aside and the case remanded for trial. the costs of this appeal will abide and follow the result.
Judgment:

Charles A. Turner, Kt., C.J.

1. The ruling in Krishna Reddi Govindu Reddi v. Stuart I.L.R. 1 Mad. 192 construes the Act as conferring on the Government power at any time to enlarge the period during which a suit may be brought to contest the award. The order enlarging the time had not been obtained when the previous suit was filed, and therefore that suit might have been at once rejected, and was necessarily dismissed. It could not be determined on the merits. The order has now been obtained, and we must assume it has been obtained on sufficient grounds. There is now nothing to debar the Court from entertaining the suit. The Government enjoys under this Act the unique power of extending the period of limitation in such cases, and all that was decided in the former proceeding was that the ordinary period had expired and had not been extended.

2. The decree of the Lower Appellate Court is set aside and the case remanded for trial. The costs of this appeal will abide and follow the result.


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