Skip to content


S.K. Sanka Aiyar Vs. S.K. Subbiah Iyer and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in13Ind.Cas.642
AppellantS.K. Sanka Aiyar
RespondentS.K. Subbiah Iyer and anr.
Excerpt:
limitation act (ix of 1908), schedule i, article 164 - service of summons--ignorance of proceedings--limitation. - ralph benson, j.1. the article applicable is article 161 of the 1st schedule of the new limitation act (ix of 1908), and the time is 30 days from the date when the petitioner had knowledge of the decree in the cases where the summons was not duly served. in this case, the defendant alleged in his affidavit that he was duly served and that he had no knowledge of any of the proceedings. if that was true, there was no bar. the subordinate judge should have decided the plea before dismissing the application. he did not do so.2. his order is set aside, and he is directed to restore the petition to his file, and dispose of that according to law. the petitioner's costs will abide the event.
Judgment:

Ralph Benson, J.

1. The Article applicable is Article 161 of the 1st Schedule of the new Limitation Act (IX of 1908), and the time is 30 days from the date when the petitioner had knowledge of the decree in the cases where the summons was not duly served. In this case, the defendant alleged in his affidavit that he was duly served and that he had no knowledge of any of the proceedings. If that was true, there was no bar. The Subordinate Judge should have decided the plea before dismissing the application. He did not do so.

2. His order is set aside, and he is directed to restore the petition to his file, and dispose of that according to law. The petitioner's costs will abide the event.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //