JUDGMENT - SHARAD MANOHAR, J.:---What the appeal is about ? This is the plaintiff's appeal. He was the owner of a Truck. While crossing the level crossing at Taloja, an engine of the Railway knocked down the truck and broke it into pieces. The plaintiff filed the suit for damages on the ground that the Railway Administration was negligent in the matter of not locking the level crossing gate while the engine was moving on the rails. The suit was filed in forma pauperis. The trial Court upheld his contention that there did exist negligence on the part of the Railway Administration, as alleged by the plaintiff. Major portion of the damages pleaded by the plaintiff was held established. All the same, the suit was dismissed on the ground that it was barred by limitation.

In effect, the learned Judge has held that the presentation of the pauper petition on the last day of the date of limitation should have been by the petitioner himself, that the presentation of the same by his Advocate and his verification of the same about 5 days thereafter meant that the pauper petition itself was filed 5 days after the expiry of limitation. The suit has been dismissed on this narrow ground. Hence, t

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