1981 Supreme(AP) 278

Andhra Pradesh High Court
Judges : MUKTADAR
Khaja Moinuddin - Appellant
Versus
Ameerunnisa Begum - Respondent
C.R.P. 5469/79.
Decided On : 11-11-81
.

Headnote:LIMITAION ACT, 1963, Sec. 14 - Claim Petition filed under Order 21, Rule 100 C.P.C. allowed on 15-2-1977 - Suit by decree- holder filed on 4-4-1977 to set aside the order in the claim petition - Objection raised by the defendant in the suit after the coming into force of the New C. P. C. - Suit dismissed on 9-2-1979 - Appeal preferred later by the decree-holder against the order in the claim petition - To such an appeal Sec. 14 is not applicable.

       Held : Sub-section (1) of Section 14 of the Limitation Act specifically deals with suit and no other proceeding. Therefore it is clear that sub-section (1) of Section 14 of the Limitation Act applies only to a fresh suit and not to an appeal. Similarly sub-section (2) thereof would apply only to application and not to an appeal. When such is the position, it would not be proper to invoke the provisions of Section 14 of the Limitation Act and give benefit of it to the plaintiff in the case of an appeal which he has preferred after the lapse of 680 days.

       C.R.P. DISMISSED.