1908 (5) TMI 1 - HC - Indian Laws

Summary

The High Court of Allahabad allowed the appeal, set aside the lower court's decision, and remanded the case for further consideration. The lower court had dismissed the suit on the ground of limitation under Article 91 of the Limitation Act, but the High Court found this ground to be erroneous. The plaintiff sought a declaration that a sale deed was a sham transaction, not to set it aside, so Article 91 did not apply. The High Court directed the lower court to re-admit the case and decide it on its merits.