High Courts(1913) 11 MAD CK 0012

Murugesa Mudali and Others vs Ramasami Chettiar

Madras High Court · Decided on 14 November 1913 · Citation: AIR 1914 Mad 668(1) : (1914) 26 MLJ 23

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Judgment

10 paragraphs · 193 words
1.

Adopting the reasoning of the Judgments in Hirasing v. Mussammet Amarti ILR (1912) A.375 we hold that the suit was not barred by limitation.

We are not prepared to follow the decision in Shevdas Doulatram v. Narayen ILR (1911) B. 268 and we think that the benefit of Section 4 of the

Limitation Act can be invoked in the case of a suit governed by the. Limitation period, prescribed by Section 31 (prescribed whether as a matter

of grace or otherwise) and not merely the periods prescribed in the A Schedule.

2.

It is unnecessary to consider the other two questions raised by the appellant''s learned Vakil--one of them was whether on general principles of

Jurisprudence a suit whose limitation period expired on a Sunday could be filed oh the next day and whether Gelinin v. Monggre (1913) 2 K.B.

549 was correctly decided.

3.

The other question is whether Section 10 of the General Clauses Act applied in favor of the plaintiff, a question answered in the affirmative by

Chamier J. in Hira Sing v. Mussammet Amarti ILR (1912) A. 375.

4.

In the result, the appeal is dismissed with costs.