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2005 Supreme(Gau) 544

AMITAVA ROY
L. Biakchhunga – Appellant
Versus
State of Mizoram – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: C. Lalramzauva, A.M. Malhotra and R. Lalduhawmi, Advs.
For Respondents/Defendant: N. Sailo, Adv.

JUDGMENT

Amitava Roy, J.

1. This appeal while registering a challenge to the judgment and order dated 27.6.2003 passed by the learned Additional District Magistrate (Judicial), Aizawl, in RFA 5/2003 raises a question of considerable moment relating to the applicability of the Limitation Act, 1963, to the State of Mizoram. By the impugned judgment and order, the learned Appellate Court affirmed the judgment and order of the learned Trial Court dismissing the suit of the appellant/plaintiff amongst others being barred by limitation.

2. I have heard Mr. C. Lalramzauva, learned Counsel for the appellant and Mr. N. Sailo, learned Government Advocate for the respondents.

3. The pleaded facts are indispensable. The appellant/plaintiff instituted Money Suit No. 50/98 in the Court of the Additional Deputy Commissioner (Judicial), Aizawl, against the respondents praying for a decree, inter alia, for declaring that the respondents/defendants are jointly and severally liable to pay a sum of Rs. 10,12,500 on account of damages as well as a sum of Rs. 50,000 on account of mental agony/suffering to him with interest @ 12 percent per annum calculable from 1.8.1990. The appellant's/plaintiff's case in




































































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