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Bhaskaru Pantalu Manikyaswami and anr. Vs. Mudagal Lakamma and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in138Ind.Cas.84
AppellantBhaskaru Pantalu Manikyaswami and anr.
RespondentMudagal Lakamma and ors.
Cases ReferredVelan Pakkiri Taragan v. Subbayan Samban
Excerpt:
limitation act (ix of 1908), schedule i, article 22 - 'injury', meaning of--suit for damages for obstruction, in temple--article applicable. - .....and she has been, granted damages.2. the short point argued; is whether the claim for damages if time barred. it will be so barred if it, falls within article 22 of the indian limitation act. article 22 of the indian limitation act runs 'for compensation for any other injury to the person' 'injury' in this connection has a wider connotation than physical hurts as pointed out in govind balkriskna v. pandurang vinuyak 15 ind. cas. 505 : 36 b. 443 : 14 bom l.r. 323, assault, even though it causes no hurt, is an offence affecting the human body under the indian penal code. in clerk and lindsell's law of torte, chap. ix which includes all acts of battery assault etc, is headed 'trespass to the person;' and in velan pakkiri taragan v. subbayan samban 49 ind. cas. 533 : 42 m. 271 : 9 l. w......
Judgment:

Jackson, J.

1. This appeal is mamainly concluded by the findings, of fact with which this Court cannot: interfere. It is found that the plaintiff was, obstructed in the temple and that she was never excommunicated in due form, and she has been, granted damages.

2. The short point argued; is whether the claim for damages if time barred. It will be so barred if it, falls within Article 22 of the Indian Limitation Act. Article 22 of the Indian Limitation Act runs 'For compensation for any other injury to the person' 'injury' in this connection has a wider connotation than physical hurts As pointed out in Govind Balkriskna v. Pandurang Vinuyak 15 Ind. Cas. 505 : 36 B. 443 : 14 Bom L.R. 323, assault, even though it causes no hurt, is an offence affecting the human body under the Indian Penal Code. In Clerk and Lindsell's Law of Torte, Chap. IX which includes all acts of battery assault etc, is headed 'Trespass to the person;' and in Velan Pakkiri Taragan v. Subbayan Samban 49 Ind. Cas. 533 : 42 M. 271 : 9 L. W. 208 : 25 M.L.T. 39 : 36 M.L.J. 79 : (1919) M.W.N. 46 trespass to the person is held to include voluntary obstruction. So it must be held as a point of law that the obstruction to the plaintiff was technically an injury to her person, and since she has definitely dated her cause of action beyond the limit prescribed in Article 22, the claim for damages must be held to be time-barred and the decree modified accordingly.


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