AI Structured Summary
Not yet generated for this judgment
Judgment
5 paragraphs · 102 words
1.
There is no doubt that Article 44 of the Limitation Act is the Article properly applicable: and that the suit is time barred as regards all the suit
properties. Its dismissal as against the defendants who did not appeal and were not impleaded in the lower Appellate Court is justified by Order
XLI, Rule 33, of the CPC vide Peria Krishnasami Naik v. Aiyappa Naik 24 Ind. Cas. 924 : 1 L.W. 376 and Venkatachela Pillai v. Ranga Pillai
28 Ind. Cas. 694 : 17 M.L.T. 220 : 28 M.L.J. 334.
2.
The second appeal is dismissed with costs (one set).