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1961 Supreme(Guj) 59

P.N.BHAGWATI
HARIJ GRAM PANCHAYAT – Appellant
Versus
THAKKAR LAKHIRAM RAMJI – Respondent


Advocates Appeared: C.K.SHAH, S.N.PATEL

P. N. BHAGWATI, J.

( 1 ) THE second contention of Mr. S. N. Patel was founded on the plea of limitation. According to Mr. S. N. Patel the suit as originally filed claimed a decree in favour of the firm of Thakkar Lakhiram Ramji and it was only by the application for leave to amend that a decree in favour of Thakkar Lakhiram Ramji as an individual was sought for the first time against the Harij Village Panchayat. The contention of Mr. S. N. Patel was that on 19/03/1953 when the application for leave to amend the plaint was made the cause of action for refund of (he amount of the deposit was time barred since a period of three years had already elapsed from the date of accrual of the cause of action and that no relief could therefore be granted in favour of Thakkar Lakhiram Ramji as an individual. In my opinion this contention is also without any substance. The cause of action in the suit was for recovery of the amount deposited by Thakkar Lakhiram Ramji with the Harij Municipality as and by way of security for the due performance of the contract. The period of the contract expired on 31/07/1949 and the amount of the deposit therefore became repayable to Thakkar Lakhiram Ramji on 1/08





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