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Koylash Chunder Dass Vs. Boykoonto Nath Chundra and ors. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtKolkata
Decided On
Judge
Reported in(1878)ILR3Cal619
AppellantKoylash Chunder Dass
RespondentBoykoonto Nath Chundra and ors.
Excerpt:
limitation - oral agreement--debt payable by instalment--act xv of 1877, schedule ii, article 75. - l.s. jackson, j.1. answering simply the question put to us, we think we are bound to say that article 75 of the indian limitation act of 1877 docs not apply, according to its strict terms, to a suit brought upon a verbal contract. but it appears to us that the question does not really arise in the present suit, because we think plaintiff was not bound, but only had the option, to avail himself of the clause enabling him to sue at once for the whole amount due on the failure to pay the particular instalments, and in point of fact, the money did not otherwise become due except on the falling duo or arrival of the date of the successive instalments.
Judgment:

L.S. Jackson, J.

1. Answering simply the question put to us, we think we are bound to say that Article 75 of the Indian Limitation Act of 1877 docs not apply, according to its strict terms, to a suit brought upon a verbal contract. But it appears to us that the question does not really arise in the present suit, because we think plaintiff was not bound, but only had the option, to avail himself of the clause enabling him to sue at once for the whole amount due on the failure to pay the particular instalments, and in point of fact, the money did not otherwise become due except on the falling duo or arrival of the date of the successive instalments.


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