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Thomas Pillai and anr. Vs. Muthuraman Chetty - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Judge
Reported inAIR1915Mad907; 30Ind.Cas.264
AppellantThomas Pillai and anr.
RespondentMuthuraman Chetty
Excerpt:
civil procedure code (act v of 1908), section 115 - limitation act (ix of 1908), section 15, schedule i, article 182--decision of question of limitation under section 15, if decision o jurisdiction--objection taken for first time in revision--high court, power of, to entertain. - napir, j.1. the point of limitation is one of great difficulty arising out of construction of section 15 of the new limitation act. i cannot treat it as a question of jurisdiction. the other point that the whole procedure in the suit for a declaration has been wrong from beginning to end and that the proper suit was one for possession and that execution should have been sought in such a suit was not taken before the lower courts and i cannot go into it here.2. the petition is dismissed with costs.
Judgment:

Napir, J.

1. The point of limitation is one of great difficulty arising out of construction of Section 15 of the new Limitation Act. I cannot treat it as a question of jurisdiction. The other point that the whole procedure in the suit for a declaration has been wrong from beginning to end and that the proper suit was one for possession and that execution should have been sought in such a suit was not taken before the lower Courts and I cannot go into it here.

2. The petition is dismissed with costs.


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