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Judgment
7 paragraphs · 123 words
1.
The assessment in this case was realised by proceedings professedly taken u/s 59 of Act II of 1864, and therefore the suit should have been
brought within the period of six .months provided by that section.
2.
It is contended that though the suit may be barred in so far as it seeks to recover the assessment levied, still it is not barred so far as the
declaration and injunction prayed for are concerned.
3.
The necessity for asking for these reliefs all arise out of the action of Government in levying the assessment, and is part of the grievance for
which u/s 59 the plaintiff may apply to the Civil Court for redress.
4.
The second appeal is dismissed with costs.