High CourtsDivision Bench(1932) 01 MAD CK 0004

Bhaskaru Pantalu Manikayaswami vs Mudagal Lakamma

Madras High Court · Decided on 18 January 1932 · Citation: AIR 1932 Mad 432 : (1932) 35 LW 392

HON’BLE JUDGES
Jackson, J

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Judgment

10 paragraphs · 228 words

Jackson, J.—This appeal is mainly concluded by the findings of fact with which this Court cannot interfere. It is found that the plaintiff was

obstructed in the temple and that she was never excommunicated in due form, and she has been granted damages.

2.

The short point argued is whether the claim for damages is time barred. It will be so barred if it falls within Article 22, Lim. Act. Article 22, Lim.

Act, runs: ""For compensation for any other injury to the person."" ""Injury"" in this connexion has a wider connotation than physical hurt. As pointed

out in Govind Balakrishna v. Pandurang Vinayakar [1912] 36 Bom. 443 assault, even though it causes no hurt is an offence affecting the human

body under Penal Code. In Clerk and Lindsell''s Law of Torts, Chapter 9, which includes all acts of battery, assault, etc., is headed ""Trespass to

the Person;"" and in Velum Pakkiri Taragan v. Subbayan Samban [1919] 42 Mad. 271, trespass to the person is held to include voluntary

obstruction. So it must be held as a point of law that the obstruction to the plaintiff was technically an injury to her person, and since she has

definitely dated her cause of action beyond the limit prescribed in Article 22 the claim for damages must be held to be time barred and the decree

modified accordingly. No costs.