| SooperKanoon Citation | sooperkanoon.com/793399 |
| Subject | Limitation |
| Court | Chennai |
| Decided On | Jul-14-1915 |
| Judge | Napir, J. |
| Reported in | AIR1915Mad907; 30Ind.Cas.264 |
| Appellant | Thomas Pillai and anr. |
| Respondent | Muthuraman Chetty |
Excerpt:
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.
Judgment: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.