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Judgment
In the former suit there was no prayer for an injunction nor did the Court give an injunction. Therefore, here was nothing in the decree of the
District Munsif, the obedience to which involved a restraint on the present plaintiff preventing him from filing the suit earlier. In this respect this case
resembles the decision in Putti Sethu Rao Vs. Seethalakshmi Ammal and Others, . It is unnecessary to repeat the reasons given in that case to
which one of us was a party. It is true that the decision in the Secretary of State for India v. Zemindarni of Vegayammapeta Estate 59 Ind. Cas. 98
: 12 L.W. 334 has since been reversed by the Judicial Committee on the intimation of the parties ""that the Secretary of State for India in Council
has now decided not to contest the appeal."" Their Lordships allowed the appeal ""without making any pronouncement on the merits of the judgment
of the High Court."" The Secretary of State was unwilling to retain tax wrongly collected by relying on the plea of limitation. The Subordinate Judge
relies on Nrityamoni Dasi v. Lakhan Chunder Sen 33 Ind. Cas. 452 : 43 C. 660 : 20 C.W.N. 522 : 30 M.L.J. 529 : (1916) 1 M.W.N. 332 : 3
L.W. 471 : 1916 18 Bom. L.R. 418 : 24 CRI.L.J. 1 : 20 M.L.T. 10. Though the High Court has stated that Section 14 of the Act did not apply
and though the Privy Council agreed ""generally"" with the High Court for holding that there was no limitation, that case was meant to be decided u/s
After the decree of Henderson, J., in the first suit and until its reversal, the descendants of Madub Sen must be taken to have been bona fide
prosecuting a claim for partition in the first suit. They got a decree for partition and attempted to support the decree in appeal and could not have
then filed a suit of their own during the pendency of the appeal.
But whatever view may be taken of the decision in Nrityamoni Dasi v. Lakhan Chunder Sen 33 Ind. Cas. 452 : 43 C. 660 : 20 C.W.N. 522 :
1916 30 M.L.J. 529 : (1916) 1 M.W.N. 332 : 3 L.W. 471 : 18 Bom. L.R. 418 : 24 CRI.L.J. 1 : 20 M.L.T. 10 two points are now clear (i) no
such principle of a dependent judgment as was once laid down in Jogesh Chunder Dutt v. Kali Churn Dutt 3 C. 30 : 1 C.L.R. 5 : 1 Ind. Dec. 611
now exists [see Bommadevara Naganna Naidu v. Ravi Venkatappuyya 76 Ind. Cas. 594 : 46 M. 895 : (1923) M.W.N. 554 : 21 A.L.J. 726 :
AIR 1923 P.C. 167 : 33 M.L.T. 262 : 45 M.L.J. 657 : 25 Bom. L.R. 1290 : 18 L.W. 913 : 28 C.W.N. 568 : 39 Cri.L.J. 312 : 50 I.A. 301], (ii)
no equitable grounds for suspension of a cause of action can be added to the provisions of the Limitation Act. We agree with the explanation of
Ranee Surno Moyee v. Shoshee Mookhee Burmonia 12 M.I.A. 244 : 2 B.L.R.P.C. 10 : 11 W.R.P.C. 5 : 2 Sar. P.C.J. 424 : 2 Suth. P.C.J. 173 :
20 E.R. 331 : 1 Ind. Dec. (N.S.) 489 (P.C.) given by Walmsley and Mukerjee, JJ., in Sarat Kamini Dasi v. Nagendra Nath Pal 89 Ind. Cas.
1000 : 43 CRI.L.J. 155 : 29 C.W.N. 973 : AIR 1926 Cal. 65 and generally with the view taken by Mukerji, J. of various decisions particularly of
Bassu Kaur v. Dhum Singh 11 A. 47 : 15 I.A. 211 : 5 Sar. P.C.J. 260 : 12 Ind. Jur. 450 : 6 Ind. Dec. 458 which has been relied on before us.
The decisions in Huro Pershad Roy v. Gopaul Das Dutt 9 C. 255 : 12 C.L.R. 129 : 9 I.A. 82 : 6 Ind. Jur. 546 : 4 Sar. P.C.J. 363 : 4 Ind. Dec.
820 and Muthuveerappa Chetty alias Vellayappa Chetty Vs. Adaikappa Chetty and Others, , belong to the same group as Ranee Surno Moyee v.
Shoshee Mookhee Burmonia 12 M.I.A. 244 : 2 B.L.R.P.C. 10 : 11 W.R.P.C. 5 : 2 Sar. P.C.J. 424 : 2 Suth. P.C.J. 173 : 20 E.R. 331 : 1 Ind.
Dec. 489. The case in Thurutheelakath Thottinakkara Puthia-purayil Kunhi Kuttiali, Karnavan and Manager of the Tavazhi Tarwad and Main
Tarwad and Others Vs. Tharayil Peetikayil Kunhammad and Another, is like Nrityamoni Dasi v. Lakhan Chunder Sen 33 Ind. Cas. 452 : 43 C.
660 : 20 C.W.N. 522 : 1916 30 M.L.J. 529 : (1916) 1 M.W.N. 332 : 3 L.W. 471 : 18 Bom. L.R. 418 : 24 CRI.L.J. 1 : 20 M.L.T. 10. The facts
of Kartar Singh v. Bhagat Singh 64 Ind. Cas. 454 : 2 Lah. 320 : 4 U.P.L.R. 25 are obscure but that case cannot help the plaintiff.
There is nothing in the present case to prevent the filing of the suit on 5th September, 1921. It may be that the District Munsif would have
dismissed the suit following his finding in the earlier case on the question of consideration and undue influence. But, on appeal, it would have been
reversed along with the other appeal and plaintiff would have got his decree. So long as there was no legal impediment to the filing of the suit
earlier, no time can be excluded. The third column of Article 73 operates.
We allow the appeal and restore the District Munsif''s decree with costs here and in the lower Appellate Court.