High Courts(1932) 09 MAD CK 0012

M.V. Sundaresa Aiyar for himself and as Official Receiver of the estate of Pakala Venkata Rao vs Pakala Subba Rao and Others

Madras High Court · Decided on 5 September 1932 · Citation: AIR 1933 Mad 258 : (1933) 37 LW 48 : (1933) 65 MLJ 193

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Judgment

8 paragraphs · 153 words
1.

The Subordinate Judge has restored an application to restore a suit after that application was itself time-barred. He seems to have thought that

when the defendant had acquired the right by operation of the law of limitation to claim that the litigation against him should cease, the Court has an

inherent power to deprive the defendant of that right, and to order the litigation to proceed.

2.

Obviously Section 151 never confers any such power upon a Court - a power for the ends of injustice and to promote abuse of the process of

the Court. The defendant after the plaintiff has exhausted his statutory limit of time clearly has justice on his side and the Court has no right to

interfere in order to override a lawful bar of limitation.

3.

The petition is allowed with costs throughout and the Lower Court''s order is cancelled.

4.

This disposes of the appeal.