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1917 Supreme(SC) 48

LORD DUNEDIN, AMEER ALI, SIR JOHN EDGE, LORD SHAW OF DUNFERMLINE, LORD SUMNER
BRIJ INDAR SINGH – Appellant
Versus
KANSHI RAM – Respondent


Advocates:
Solicitors for appellant:T. L. Wilson & Co. Solicitors for respondent Coates: Lumley & Lumley.

Judgement

Appeal from a judgment of the Chief Court (January 20, 1911) affirming an order of the District Judge of Ferozepur (March 16, 1908).

The facts are stated in the judgment of their Lordships.

1917. June 14, 15, 18. De Gruyther, Z.C., and 0Gorman, for the appellant. The effect of Full Bench decisions in India is to lay down a general rule for the exercise of the judicial discretion given by s. 5 of the Indian Limitation Act, namely, that the time occupied in applying for a review, even where made upon a mistaken view as to the jurisdiction, is to be excluded Karm Bakhsh

v. Daulat Ram ( 1888 P. R. No. 183.); Balwant Singh v. Gumani Ram (( 1883) I. L. R. 5 Allah. 591.) ; Brij Mohan Das v. Mannu Bibi. (I. L. R. 19 Allah. 348.) Those decisions followed the rule laid down, under the earlier Act, by fourteen judges in the Calcutta High Court in Nobo Kissen Singh v. Kaminee Dassee (( 1865) B.L. R. Sup. vol. 349.) and followed in In re Brojender Coomar Roy. (( 1867) 7 Suth. W. R. 529.) The judgment appealed from was based upon Ramjiwan Mal v. Chanel Mal (( 1888) I. L. R. 10 Allah. 587.) and the general proposition there laid down that a mistake of law was not a ground for an extensi



























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