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1964 Supreme(Mad) 64

VEERASWAMI
S. N. Jayarama Aiyar – Appellant
Versus
S. Rajagopalan – Respondent


Advocates:
T.R. Ramachandran, for Appellants; K. Sarvabhauman, for Respondent.

Judgement

JUDGMENT :- This second appeal raises a question of limitation. The suit is to take accounts of a dissolved partnership, the dissolution being on 06-10-1954. It is common ground that the last date for instituting such a suit was 7-10-1957. But 6-10-1957 and 7-10-1957 happened to be holidays. The plaint was therefore filed on 8-10-1957 but in the court of the District Munsif, Chidambaram, a wrong court. The plaint was pending in that court from that date to 18-11-1957, when the appellant got a return of it and filed the same on the same day in the court of the Subordinate Judge, Cuddalore, which is the proper court. The appellants claimed the benefit of Ss. 4 and 14 of the Limitation Act and contended that the suit was within time. The courts below declined to accept that view and concurred in dismissing the suit as out of time.

2. What is contended for the appellants is that if the time between 8-10-1957 and 18-11-1957, namely, 42 days is added on, under S. 14 of the Limitation Act, to the period of three years, the last date for filing the plaint would be 17-11-1957, and that day being a holiday, applying S. 4 to the case, the plaint filed on 18-11-1957 in the proper court







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