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1990 Supreme(Ker) 257

PADMANABHAN
Sreedevi – Appellant
Versus
Appu – Respondent


Judgment :-

Appeal is by the plaintiff against the dismissal of her money suit on the ground of limitation.

2. Respondent's son married her in 1970. Thirty sovereigns of gold ornaments belonging to the appellant was utilized by the respondent for renovating his thatched building. Renovation started in 1974 and completed in March 1975. Ornaments were sold for that purpose on 23-1-1975. That fact was admitted by the respondent in Ext.A-1 will executed by him on 16-6-1977. By that will the building and the land on which it stands was bequeathed to the appellant. The will was subsequently revoked. It was then that the application for permission to sue as an indigent person for the value of ornaments was filed on 19-1-1978. That was dismissed on 19-1-1979. C.M. Appeal 299 of 1979 filed against that decision was dismissed on 19-11-1981 granting two months' time to pay court fee on the ground that she suppressed her assets and means. Instead of paying court fee and converting the suit filed along with the application into a regular suit, she filed the present suit as a fresh suit on 27-1,1-1981 on payment of court fee. That is how the plea of limitation happened to be raised,

3. 23-1-1975 w








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