High CourtsDivision Bench(1896) 12 MAD CK 0001

Appa Rau Sanayi Aswa Rau vs Krishnamurthi

Madras High Court · Decided on 4 December 1896 · Citation: (1897) ILR (Mad) 249

HON’BLE JUDGES
Subramania Ayyar, J · Davies, J

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Judgment

7 paragraphs · 140 words
1.

Though the precise point for decision in the Full Bench Case Veeramma v. Abbiah ILR 18 Mad. 99 related to the applicability of Section 7 of

the Limitation Act alone to suits brought u/s 77 of the Registration Act, yet having regard to the reasoning, as a whole, adopted by the learned

Judges in arriving at their conclusion that Section 7 did not apply, we think we cannot but hold, on the strength of that decision, that Section 5 also

is inapplicable to such suits.

2.

Arguments, however, have been urged before us, which appear to have considerable force in favour of the applicability of Section 5, but we

think the question is concluded by the Full Bench decision, and consequently that we are not at liberty to discuss it.

3.

The appeal fails and is dismissed with costs.