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Sarojendra Kumar Dutt – Appellant
Versus
Purnachandra Sinha – Respondent
JUDGMENT
S.R. Das, J. - This is an attorney's suit for the recovery of the balance of his taxed costs.
2. The plaintiff acted as the attorney for the present defendant in suit No. 891 of 1931. That suit was filed in this Court on 25-4-1931 by the defendant as the administrator to the estate of his mother Sm. Madhab Mohini Dassi, deceased against the executors of his father Gopal Chandra Sinha, deceased, who was during his lifetime the executor of the deceased lady. That suit was for the recovery of several government promissory notes, jewellery, ornaments and other properties belonging to the deceased lady and alleged to have been retained by the said executors and also for administration, if necessary, of the estate of the said Gopal Chandra Sinha. The defendant retained and employed the plaintiff, who is a practising attorney of this Court, as his attorney to act for him in that suit. The warrant of attorney executed by the defendant on 24-4-1931 is Ex. E in this suit. The said warrant of attorney was duly filed in Court in that suit and the plaintiff acted as the attorney for the defendant throughout that suit under that warrant of attorney.
3. By the preliminary decree made in tha
A cause of action based on an approved bill resets limitation; rejection of plaint under Rule 11 is unwarranted where factual disputes exist.
Court has discretion under Section 149 to accept payment of deficit court fee at any stage, including after limitation, which cannot invalidate the suit if proper jurisdiction existed.
The court emphasized that issues of fact relating to a settlement and limitation must be adjudicated at trial rather than through a dismissive application of procedural rules.
The exclusion of time under S.14 of the Limitation Act applies when the court's endorsement process causes delays.
The absence of a specified time limit in a decree allows the decree-holder to deposit the required amount at any time, affirming the principle that interpretations favoring the decree-holder should b....
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