PATNA HIGH COURT
Raj Kishore Prasad, J.
Subhanand Chaudhary
Versus
Bindeshwari Thakur
Appeal from Original Decree No. 313 of 1952 ;
Decided On : JANUARY 29, 1959
LIMITATION ACT - SEC. 14 - GOOD FAITH - MISTAKE OF LAW BY LAWYER - WHETHER SUFFICIENT CAUSE - AUCTION SALE - CHALLENGE TO - VALUATION OF SUIT - MISTAKE IN - WHETHER GOOD FAITH - HELD, YES.
Fact of the Case:
Plaintiff challenged an auction sale in a suit filed in the Munsif's court, valuing the suit at the sale price. The Munsif returned the plaint for re-presentation in the proper court due to undervaluation. The plaintiff re-presented the plaint in the Subordinate Judge's court, which dismissed the suit as barred by limitation. The plaintiff appealed, arguing that he was misled by his lawyer's mistaken advice and, therefore, entitled to the benefit of Sec. 14 of the Limitation Act.
Finding of the Court:
The court held that the plaintiff was entitled to the benefit of Sec. 14 of the Limitation Act. It found that the plaintiff had acted in good faith in prosecuting his suit in the Munsif's court, despite the mistaken advice of his lawyer. The court also found that the plaintiff's mistake in valuing the suit was not mala fide and that he had acted with due diligence and in good faith.
Issues: 1. Whether the plaintiff was entitled to the benefit of Sec. 14 of the Limitation Act. 2. Whether the plaintiff had acted in good faith in prosecuting his suit in the Munsif's court. 3. Whether the plaintiff's mistake in valuing the suit was mala fide. 4. Whether the plaintiff had acted with due diligence and in good faith.
Ratio Decidendi: 1. A mistaken advice of a lawyer may, in the circumstances of a particular case, give rise to sufficient cause within the meaning of Sec. 5 of the Limitation Act, though there is no such general doctrine which saves litigants from the results of wrong advice. 2. If a senior lawyer relying on his general impression of law, which he does not think or even suspect to be wrong, even without consulting any law book on the point, bona fide gives a wrong legal advice, he cannot necessarily be said to be negligent. 3. A mistake in advice of a lawyer, or his mistake in law, does not shew his bad faith. If the mistake of the lawyer is a bona fide mistake, such a case will come within the protection of Sec. 14 of the Limitation Act. 4. If, therefore, in a suit challenging the validity of an auction sale, the plaintiff wrongly, under a wrong legal advice, thought that the value of the relief which he claimed should be the price for which the land was sold at the Court auction, such a mistake on his part cannot be said to be mala fide so as to amount to want of good faith on his part.
Final Decision: Appeal allowed; judgment and decree of the court below set aside partly; plaintiff's suit decreed in part only in respect of the lands covered by the sale deed dated the 11th November, 1927, Exhibit 10 (a); plaintiff's claim in respect of the remaining kind covered by the two sale deeds exhibits 10 (b) and 10 dismissed; plaintiff entitled to recover possession of the lands covered by the sale deed Exhibit 10 (a); no order for costs of this Court, but plaintiff entitled to his costs of the Court below.
Raj Kishore Prasad, J.
1. This appeal by the plaintiff is from the judgment and decree dated 19-6-1952, of Mr. Gauri Shankar Prasad Sinha, Subordinate Judge, 1st Court, Muzaffarpur, dismissing his suit for possession.
2. Put briefly, the material facts, for the decision of the present appeal, are these:
3. In the Survey rerord-of-rights, as will appear from the Khatian of village Ghosaut (Exhibit 27), in respect of khata 155, which is the Khata in suit, one Paspat Lal Jha, son of Suba Sant Lal Jha, ancestor of defendants fourth party, is recorded. The landlords, who are defendants second party to the suit brought a rent suit in 1936--Rent Suit No. 3812 of 1936 against defendants third party and obtained a decree for arrears of rent against them on 18-11-1936. In execution of the said decree in Execution Case No. 605 ot 1937, the disputed khata 155 with an area of 15 bighas 4 kathas 10 dhurs and 14 dhurkis was sold on the 15th November, 1937, and purchased for Rs. 210.00 by defendants 1st party, as will appear from the certificate of sale Exhibit A. The auction purchasers, namely, the defendants 1st party, got delivery of possession through court on the 25th April, 1938, as will appear from the writ of delivery of possession and the receipt of receiving possession and the peons report which are Exhibit H series.
4. On 14-11-1949, the plaintiff instituted the present suit in the court of the Munsif, 1st court, Muzaffarpur, giving the valuation of the suit properties at Rs. 210.00 the amount for which the disputed khata had been sold and purchased by the defendants first party. By mistake, however, one of the plots sold and which also appertained to Khata 155, namely, plot No. 1260 was not mentioned in the plaint filed before the Munsif.
On 22-4-1950, the plaintiff filed an application for amendment of the plaint before die Munsif, before whom the present suit was then pending, asking for inclusion of Plot No. 1260, and, for making the corresponding correction in the total area which became 15 bighas and odd, and not 13 bighas and odd, as originally mentioned in the plaint. It will appear from the order-sheet of the court of the Munsif, Exhibit 3 (h) that the amendment was allowed on 26-4-1950. Subsequently, on an objection having been raised by the defendants 1st party regarding undervaluation of the suit lands, the learned Munsif, after taking evidence and hearing the parties, fixed the valuation of khata 155 with an area of 15 bighas and odd at Rs. 6275, as will appear from order No. 24 dated 19-2-1951, Exhibit 3 (h). On the valuation found by the learned Munsif he had obviously no pecuniary jurisdiction to entertain the suit, and, accordingly, on the same day, that is, the 19th February, 1951 he returned the plaint for re-presentation before the proper court having jurisdiction to try the suit. The plaint accordingly was re-presented before the court below on the same day, that is, on the 19th February, 1951. An appeal was taken by the plaintiff against the decision of the Munsif dated 19-2-1951, regarding valuation, but his appeal was dismissed by an order dated 21-4-1952 by the appellate court as will appear from its judgment Exhibit E.
5. The plaintiff claimed title to the land in suit by virtue of three sale deeds executed by defendants fourth party, who were the descendants of the recorded tenant. The first sale in favour of the plaintiff by defendants fourth parry was on 11-11-1927, under a registered sale deed, Exhibit 10 (a), under which he purchased a portion of khata 155 including all the plots- purchased at the auction sale by defendants first party, except plot 1260.
Subsequently, on 21-10-1933, under an unregistered sale deed. Exhibit 10 (b), it was alleged by the plaintiff that he purchased plot 1260 along with other plots and was put in possession thereof. Later on, on the 19th September, 1950, a registered sale deed (Exhibit 10) was taken from defendants fourth party in respect of the plots covered by
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