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1923 Supreme(Mad) 297

IN THE HIGH COURT OF MARAS
Subbiah Pandaram
Versus
Arunachala Pandaram And Ors.
Decided On : 30 August, 1923

Important Points

The main legal point established in the judgment is that a suit filed in respect of an order under Section 283 of the Code of Civil Procedure must be filed within one year of the plaintiff attaining majority.

Subject

Civil Law - Limitation Act

Headnote

Limitation Act - Minor's Suit - Summary: The court held that the order passed on the claim petition in 1897 was an order under Section 283 of the Code of Civil Procedure, and any suit filed in respect of that order ought to be filed within one year of the plaintiff attaining majority. The court also rejected the argument that the filing of a suit by the plaintiff's grandmother would extend the period of limitation, and dismissed the argument of negligence on the part of the plaintiff's guardian in preferring the claim petition.

Fact of the Case:

The plaintiff, a minor at the time of attachment of properties, filed a suit to recover possession of the properties after attaining majority. The Subordinate Judge found that the suit should have been filed within one year of attaining majority under Article 11 of the Schedule to the Limitation Act.

Finding of the Court:

The court found that the order passed on the claim petition in 1897 was an order under Section 283 of the Code of Civil Procedure, and any suit filed in respect of that order ought to be filed within one year of the plaintiff attaining majority. The court also dismissed the argument of negligence on the part of the plaintiff's guardian in preferring the claim petition.

Issues: The main issue was whether the suit filed by the plaintiff, who attained majority nearly three years before filing the suit, was within the limitation period.

Ratio Decidendi: The court held that the order passed on the claim petition in 1897 was an order under Section 283 of the Code of Civil Procedure, and any suit filed in respect of that order ought to be filed within one year of the plaintiff attaining majority.

Final Decision: The court dismissed the plaintiff's suit as it was filed beyond the limitation period.

JUDGMENT

1. The most important schedule is the A Schedule which comprises properties sold at Court auction. At the same auction, certain other properties were sold which have been held to be trust properties, but we are not now concerned with those. When the A Schedule properties were attached, the plaintiff was a minor, but his grandmother presented a claim petition on the 9th of February, 1897 and this petition was dismissed and the properties were sold. Subsequently a suit was filed by the plaintiffs grandmother to set aside the order on the claim petition, O.S. No. 269 of 1899 in the District Munsifs Court of Negapatam. That suit was also dismissed. The plaintiff, who attained majority nearly three years before filing the suit, now comes to Court to recover possession of the properties which were then gold. The Subordinate Judge has found that, as there was an order against the plaintiff under Section 283 of the Code of Civil Procedure, 1882, the plaintiff ought to have brought his suit within one year of attaining majority under Article 11 of the Schedule to the Limitation Act. It is now argued for the appellant that the order passed on his claim petition in 1897 was one passed without investigation and is consequently not an order under Section 283. The claim petition referred not only to the A Schedule properties but to all the properties which were said to be dedicated to charity. The petition was filed on the 9th of February, and returned for correction and various adjournments were granted, one at least, for securing the attendance of the petitioners witnesses, and final orders were passed on the 3rd of May. It is not disputed that the order with regard to the charity properties was passed after investigation and that seems quite clear from the order itself, but it is said that there was no investigation of the plaintiffs claim in respect of the A Schedule properties. He had claimed that they had been attached in execution of the decree for a debt incurred by his father and that the debt was not true and was fraudulent. He further added an inconsistent statement that it was an immoral and illegal debt. He thus first denied the existence of the debt and then alleged that it was an illegal and immoral one. The Subordinate Judge in dealing with this allegation decided that "as a father has a disposing power of the ancestral property in respect of his debts which are not tainted with immorality, the Court can sell in execution whatever he can lawfully sell," and he also held that, "although the son was not a party to the suit or decree he ought not to be debarred from trying the fact as to the nature of the debt in a suit of his own." It is contended that this order amounts to a refusal to adjudicate on the claim and merely refers the petitioner to a suit. So far as it is alleged that there was no debt, it is certainly an adjudication and decides that there was a debt, and that the son is liable unless he can prove the contrary. The Subordinate Judge did not think it necessary to discuss the nature of the debt but said that the claimant should file a suit, if so advised. That is not to say, that he did not investigate the claim put in and we are satisfied that there was an investigation within the meaning of Section 278. The order was, therefore, one under Section 283 and any suit filed in respect of that order ought to be filed within one year of the plaintiffs attaining majority. It is then contended that as a suit was filed within one year by the plaintiffs grand mother, that would in some way extend the period of limitation; but there is nothing to support this contention. It is difficult to see how the filing of a suit which was decided against the claimant would give a right in the future to extend the period of limitation. A further argument is put forward that the plaintiffs guardian was negligent in preferring the claim petition which she need not have done. If she had been enabled to establish the claim, the pro

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