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Joy NaraIn Gole Vs. Mangobinda Bera - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in64Ind.Cas.210
AppellantJoy NaraIn Gole
RespondentMangobinda Bera
Cases ReferredRam Chand Sur v. Iswar Chandra Giri
Excerpt:
limitation act (ix of 1908), schedule i, article 132 - mortgage--loan of paddy--limitation. - .....of the full bench decision in ram chand sur v. iswar chandra giri 61 ind. cas. 539 : 32 c.l.j. 278 : 25 c.w.n. 57 (f.b.), cannot be supported. the period of limitation is 12 years as laid down in article 132 of the schedule to the limitation act. to decide other questions arising it might be found necessary to have a remand to the first court. but the learned vakil appearing for the appellant, rather than have the case remanded, prefers to accept the decree as made in the court of first instance. to this also the learned vakil appearing for the respondent consents.2. in the result the decree of the additional district judge is set aside and the decree of the court of first instance is restored with full costs in this court and in the court of first appeal. period of grace three.....
Judgment:

1. This appeal arises out of a suit upon a mortgage bond. What was secured was 8 bishes of paddy. The Courts below held that the period of limitation applicable in such a case is six years. That view, in face of the Full Bench decision in Ram Chand Sur v. Iswar Chandra Giri 61 Ind. Cas. 539 : 32 C.L.J. 278 : 25 C.W.N. 57 (F.B.), cannot be supported. The period of limitation is 12 years as laid down in Article 132 of the Schedule to the Limitation Act. To decide other questions arising it might be found necessary to have a remand to the first Court. But the learned Vakil appearing for the appellant, rather than have the case remanded, prefers to accept the decree as made in the Court of first instance. To this also the learned Vakil appearing for the respondent consents.

2. In the result the decree of the Additional District Judge is set aside and the decree of the Court of first instance is restored with full costs in this Court and in the Court of first appeal. Period of grace three months.


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