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Nijabutoolla and ors. Vs. Wazir Ali - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtKolkata
Decided On
Judge
Reported in(1882)ILR8Cal910
AppellantNijabutoolla and ors.
RespondentWazir Ali
Excerpt:
limitation act (xv of 1877), sections 5 and 6 - suit to compel registration--registration act (iii of 1877), section 77. - cunningham, j.1. we think that the proper interpretation to be put upon section 5 of the limitation act, considered along with section 6, is that, except as defined in section 6, the general provisions of the limitation act are applicable to cases for which periods of limitation are specially provided by local or special loss; and that therefore section 5 of the limitation act ought to have been allowed to operate in the present case.2. we accordingly set aside the decisions of the lower courts, and remand the case to the first court for a decision on the merits.3. costs will abide the result.tottenham, j. 4. i desire simply to add that section 5 is of general application to all suits notwithstanding anything contained in section 6.
Judgment:

Cunningham, J.

1. We think that the proper interpretation to be put upon Section 5 of the Limitation Act, considered along with Section 6, is that, except as defined in Section 6, the general provisions of the Limitation Act are applicable to cases for which periods of limitation are specially provided by local or special loss; and that therefore Section 5 of the Limitation Act ought to have been allowed to operate in the present case.

2. We accordingly set aside the decisions of the lower Courts, and remand the case to the first Court for a decision on the merits.

3. Costs will abide the result.

Tottenham, J.

4. I desire simply to add that Section 5 is of general application to all suits notwithstanding anything contained in Section 6.


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