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Arunagiri Mudaliar Vs. Uthando Mudali - Court Judgment

LegalCrystal Citation
Decided On
Reported in17Ind.Cas.242
AppellantArunagiri Mudaliar
RespondentUthando Mudali
limitation act (ix of 1908), schedule i, article 180 - civil procedure code (act xiv of 1882), sections 311 and 314--court sale--application for delivery, 3 years after confirmation of sale, barred. - t.n. district police act, 1859 [act no. 24/1859]. section 10 & tamil nadu special police subordinate service rules, rule 14(b), clause (iv) explanation (1); [a.p. shah,c.j., f.m. ibrajhim kalifulla & v. ramasubramanian, jj] rule 14(b),ci.(iv) explanation (1) providing that a person acquitted or discharged on benefit of doubt shall be treated as person involved in criminal case - validity being questioned - held, the impugned rule 14(b) ci.(iv) explanation (1) has been issued in exercise of the power conferred upon the government under the tamil nadu district police act, the criminal city..........2nd schedule of the act of 1908, the period of limitation being three years from the date when the sale became absolute.2. we, therefore, dismiss this appeal with.....

1. The application for delivery of the property was made on the 19th January 1910, i.e., after the Limitation Act of 1908 had come into force. The sale had been confirmed on the 28th July 1906, and thereupon became absolute under Section 314 of the Code of Civil Procedure, 1882. It has been contended before us that the sale did not become absolute until the final dismissal of the petition put in by a third party under Section 311 of the Code of Civil Procedure, 1882, but we are unable to accept this contention. On these facts, we are of opinion that the Article of Limitation Act applicable to the present application is Article 180 of the 2nd Schedule of the Act of 1908, the period of limitation being three years from the date when the sale became absolute.

2. We, therefore, dismiss this appeal with casts.

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