CHATTISGARH HIGH COURT
, J
Smt. Tulsi Bai – Appellant
Versus
Rambagas Singh – Respondent
| Table of Content |
|---|
| 1. exclusion of notice period is essential. (Para 1 , 10 , 12) |
| 2. facts leading to the lawsuit. (Para 2 , 3 , 4) |
| 3. court ruling on legal misconceptions. (Para 5 , 17 , 19) |
| 4. analysis of limitation act's implications. (Para 6 , 7 , 8 , 9 , 11 , 13 , 14 , 18) |
1. The substantial question of law formulated and to be answered in this appeal states as under : -
"Whether the two Courts below were justified in holding that the suit is barred by limitation on account of the fact that as the condition of payment was on demand and the demand admittedly was made by the plaintiff on 25-4-1995 and, therefore, the period of notice of demand also should have been taken into consideration for the purpose of calculation of limitation part ?''
2. In order to answer the substantial question of law following facts in nutshell are required to be noticed as under : - [For sake of convenience, the parties would be referred hereinafter as per their status before the trial Court.]
2.1 Plaintiff - Smt. Tulsi Bai filed a money recovery suit against the defendant - Rambagas Singh, later on he died and his legal representatives were substituted in his place, stating inter alia that her husband was e

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