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SUPREME COURT OF INDIA

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PETITIONER:

P.A. OOMMEN

Vs.

RESPONDENT:

MORAN MAR BASELIUS MARTHOMA

DATE OF JUDGMENT17/07/1992

BENCH:

KASLIWAL, N.M. (J)

BENCH:

KASLIWAL, N.M. (J)

RAMASWAMY, K.

CITATION:

1992 AIR 1977 1992 SCR (3) 548

1992 SCC (3) 503 JT 1992 (4) 141

1992 SCALE (2)40

ACT:

Limitatior, Act 1963 :

S. 12-Exclusion of time taken in obtaining copy of

judgment appealed from-Applicability of Order XLI Rule 1-

Suit tried alongwith another suit-Common judgment dismissing

the suit-Appeal-Time taken in obtaining copy of judgment by

plaintiffs in one suit-Whether plaintiffs in the other suit

entitled to claim the benefit for purposes of limitation.

Code of Civil Procedure, 1908 :

Order XLI Rule 1-Object and applicability of-Whether

controls the provisions under the Limitation Act.

HEADNOTE:

The appellant and Respondents Nos. 6 and 9 filed a suit

in the District Court. The suit was transferred to a Sub-

Judge, who tried it along with another suit filed by other

plaintiffs. By a common judgment he dismissed the

transferred suit as also the other suit. The plaintiffs