Thomas Pillai and anr. Vs. Muthuraman Chetty - Court Judgment |
| Limitation |
| Chennai |
| Jul-14-1915 |
| Napir, J. |
| AIR1915Mad907; 30Ind.Cas.264 |
| Thomas Pillai and anr. |
| Muthuraman Chetty |
civil procedure code (act v of 1908), section 115 - limitation act (ix of 1908), section 15, schedule i, article 182--decision of question of limitation under section 15, if decision o jurisdiction--objection taken for first time in revision--high court, power of, to entertain. - napir, j.1. the point of limitation is one of great difficulty arising out of construction of section 15 of the new limitation act. i cannot treat it as a question of jurisdiction. the other point that the whole procedure in the suit for a declaration has been wrong from beginning to end and that the proper suit was one for possession and that execution should have been sought in such a suit was not taken before the lower courts and i cannot go into it here.2. the petition is dismissed with costs.
Napir, J.
1. The point of limitation is one of great difficulty arising out of construction of Section 15 of the new Limitation Act. I cannot treat it as a question of jurisdiction. The other point that the whole procedure in the suit for a declaration has been wrong from beginning to end and that the proper suit was one for possession and that execution should have been sought in such a suit was not taken before the lower Courts and I cannot go into it here.
2. The petition is dismissed with costs.