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T.C.SHRIVASTAVA
FATEHLAL – Appellant
Versus
FULCHAND – Respondent
T.C. Shrivastava, J.—This petition for revision has been filed by the defendant against the order of the trial court dated II-9-1959, rejecting a preliminary objection raised by him that the suit was barred by time.
2. The non-applicant had filed the suit for recovery of amount due on a pronote, dated 17-12-48. Originally the plaint was filed on 17-12-1951 in the Court of the Civil Judge (First Class), Indore. On inquiry the Court came to the conclusion that the case of action arose in Dhar and therefore ordered on 30-9-54 to return the plaint for presentation to proper Court. An appeal against the order was filed by the plaintiff which was dismissed on 10-9-1958. The plaintiff then took back the plaint from the Indore Court on 4-12-58 and presented it in Dhar on the same date. The trial Court has held that u/s 14 of the Indore Limitation Act the plaintiff was entitled to exclude the time during which the proceedings in Indore Court and the subsequent proceedings in appeal were pending. Accordingly, the time between 17-12-1951 and 4-12-1958 was exluded and the claim was held within time.
3. I may state that in the grounds of revision the question of the pronote being unstamped w
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