SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1972 Supreme(Bom) 41

M.S.APTE
Someshwar Bapurao Nilakhe – Appellant
Versus
Nivritti Baburao Gholave – Respondent


JUDGMENT - 1. The short point that arises on this revision petition by the original plaintiff is whether plaintiffs suit was barred by limitation.

2. Plaintiff is a businessman and defendant-opponent in this revision petition had dealings with him between 3-2-1962 and 1-8-1963 and on account of this dealing the defendant owed a sum of Rupees 373-60 to the plaintiff at the foot of the account. This liability was acknowledged by the defendant on 5-11-1963. The plaintiff instituted the suit out of which this petition arises on 5-11-1966. The defendant pleaded that the suit was barred by limitation. This question was taken up for consideration as a preliminary issue by the trial Court and it held that the suit was barred by limitation and consequently dismissed it with costs.

3. The view taken by the trial Court is obviously erroneous. Section 12 (1) of the Limitation Act, 1963 provides that in computing the period of limitation prescribed for any suit, appeal or application, the day from which such period is to be reckoned shall be excluded. Now, under Section 18 (1) where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an a



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top