Dave, J.—This case comes on a reference made by learned Judges of a Division Bench of this Court in a first appeal filed by the defendants against the judgment and decree of the Civil Judge, Kishangarh, dated the 14th of August, 1951 decreeing the plaintiffs suit for Rs. 9,530/3/- with future interest at 6 per cent and costs.

2. The said reference is embodied in the following terms—

"Whether advantage can be taken under Sec. 15 of the Kishangarh State Limitation Act, corresponding to sec. 14 of the Indian Limitation Act, of the pendency of a suit in the courts of the erstof the erstwhile territory of the Ajmer-Merwara, in subsequent suit in Kishangarh court in view of the accession of Kishangarh State to the Dominion of India and thereafter its becoming a part of the Union of India, and specially the Rajasthan under the States merger while State of Ajmer with Rajasthan under the States Reorganization Act, 1956?"

3. In order to appreciate the full implication of the question raised before us, it would be proper to set out briefly the facts which have given rise to it.

4. The plaintiffs-respondents formed a partnership firm carrying on business at Madanganj in Kishangarh. The defendants-

Click Here to Read the rest of this document