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Gopal Sarun NaraIn Singh, Minor, Through His Next Friend, Mr. A. Ogilvy Manager Under the Court of Wards Vs. DIn Doyal Singh - Court Judgment

LegalCrystal Citation
SubjectCivil;Limitation
CourtKolkata
Decided On
Judge
Reported in(1891)ILR18Cal506
AppellantGopal Sarun NaraIn Singh, Minor, Through His Next Friend, Mr. A. Ogilvy Manager Under the Court of W
RespondentDIn Doyal Singh
Excerpt:
limitation act, 1877, article 116 - registered instalment bond, suit on--contract in writing registered. - .....of the question whether article 116, schedule ii of the limitation act, governs an instalment bond. it is argued that it does not, because article 74 in express terms makes provision for an instalment bond.3. we think that article 116 is intended to apply to all contracts in writing registered, whether there is or is not an express provision in the limitation act for similar contracts not registered, and this view seems confirmed by the distinction between the terms of this article and of article 115 in which the words 'not herein specially provided for' occur. in this view we think that the provisions of article 116 govern this case, and that this appeal must, therefore, be dismissed with costs.
Judgment:

Trevelyan and Banerjee, JJ.

1. The question before us is whether the term of limitation for a suit upon a registered instalment bond is six years or three years.

2. The decision of that question would depend upon the determination of the question whether Article 116, Schedule II of the Limitation Act, governs an instalment bond. It is argued that it does not, because Article 74 in express terms makes provision for an instalment bond.

3. We think that Article 116 is intended to apply to all contracts in writing registered, whether there is or is not an express provision in the Limitation Act for similar contracts not registered, and this view seems confirmed by the distinction between the terms of this article and of Article 115 in which the words 'not herein specially provided for' occur. In this view we think that the provisions of Article 116 govern this case, and that this appeal must, therefore, be dismissed with costs.


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