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Bathini Kumarasawmy Naidu and anr. Vs. Rajah Kamiveni Bangaru Ankappa Nayini Varu Minor Represented by the Collector of Nellore on Behalf of Court of Wards - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1108a
AppellantBathini Kumarasawmy Naidu and anr.
RespondentRajah Kamiveni Bangaru Ankappa Nayini Varu Minor Represented by the Collector of Nellore on Behalf O
Excerpt:
limitation act (xv of 1877), schedule ii, article 49 - procedure--whether second appeal lies. - 1. if this is a suit for compensation for illegal attachment it is barred by limitation (art. 28, schedule ii, act. xv of 1877); if it is a suit to which article 49 applies, there is no second appeal as the suit is of a nature cognizable by a small cause court. in either event we must dismiss the appeal.2. the second appeal is dismissed with costs.
Judgment:

1. If this is a suit for compensation for illegal attachment it is barred by limitation (art. 28, Schedule II, Act. XV of 1877); if it is a suit to which Article 49 applies, there is no second appeal as the suit is of a nature cognizable by a Small Cause Court. In either event we must dismiss the appeal.

2. The second appeal is dismissed with costs.


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