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1932 Supreme(All) 311

NIAMATULLAH
Mt. Ram Pati Kunwar – Appellant
Versus
Phool Singh – Respondent


JUDGMENT

Niamatullah, J. - This appeal has arisen out of a suit brought by the plaintiff-appellant for arrears of rent for 1329-1334-F and for the appointment of a receiver in terms of the relief claimed in the plaint. The suit was originally instituted in the Court of the Munsif, Fatehpur. One of the pleas taken in defence was that the civil Court had no jurisdiction. Another plea was that the plaintiff's suit was barred by res judicata. The Munsif did not decide the question of jurisdiction raised by the defendant, but held that the plaintiff's suit was barred by res judicata. Accordingly, he dismissed the suit. The plaintiff appealed 4o the Court of the Subordinate Judge who held that the suit was cognizable exclusively by a Revenue Court. Accordingly, the plaint was returned to the plaintiff for presentation to the proper Court. The claim for 1329 to Kharif 1330 was time barred when the suit was instituted in the civil Court. It was subsequently abandoned by the plaintiff. When the plaint was presented in the lie venue Court, the plaintiff's claim for Rabi 1330-F and Kharif 1331-F was also barred by limitation unless the benefit of Section 14, Lim. Act, could be extended to her.

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