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TMI Blog1972 (1) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be prosecuted bonafide. 2. The properties which were the subject-matter of litigation were situated in the erstwhile State of Travancore and belong to the Sub Tarvadh of respondents 1, 2, 3, 9 and 10 (original defendants 1-5). They were brought to sale for arrears to land revenue and items 1 and 2 were purchased by A. Mudaliar. The sales were confirmed, sale sanads were issued and the possession of the said items was delivered to the purchaser. Thereafter the purchaser A. Mudaliar sold them to C.T. Mudaliar who in turn sold the properties to the first plaintiff by a registered sale deed. Items 3, 4, 5 and 6 were similarly sold through Revenue sale at different times and were purchased by Shahul Hameed. The sales were confirmed, sale s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gatived by the District Munsiff. A revision against that decision was filed in the High Court and when the matter came up for hearing the learned Advocate for the plaintiff-respondent staled on his behalf that the Government was not a necessary party to the suit; that he was not prepared to implead the State as a party to the suit and that he was prepared to take the risk of not impleading the State as a party. On this representation by the plaintiff-respondent that he was prepared to take the risk of not impleading the State the High Court dismissed the Revision petition. After the case was remanded the Distt. Munsif tried the suit and passed a decree in favour of the plaintiff on 30-6-1052. Defendants 1-5 appealed to the Distt. Court but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quently the Subordinate Judge decreed the suit with past and future mesne profits. In appeal the High Court of Madras, as stated earlier, came to a different conclusion on the question of limitation. It held, agreeing with the findings of the Subordinate Judge, that the auction purchasers in revenue sales never took possession nor were their alienees or plaintiff ever in possession of the suit properties. After this finding the High Court proceeded to consider whether the appellant was entitled to exclude the time taken in the prosecution of the previous suit Under Section 14 of the Limitation Act. It was contended before that court that the plaintiff was bonafide in filing his suit & prosecuting it and the appeal, & therefore, he was entit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id not want the High Court to decide the question as to whether the Government was a necessary party or not on the ground that they were prepared to take the risk of their omission to implead the Sircar and on that ground got a dismissal of the revision petition filed by the appellants. Under these circumstances we cannot accept the contention now urged on behalf of the respondents herein that they bonafide instituted the previous suit. The reasons given by the High Court are in our view cogent. Section 14 of the repealed Limitation Act which is applicable to this case gives benefit to a party who has been prosecuting with due diligence another civil proceeding whether in a court of first instance or in a court of first appeal against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the other hand, he deliberately did so may be for obvious reason that if he had to withdraw the suit he would have to give notice under Section 80, CPC to the Government, wait for the expiry of the period of notice of two months and thereafter file a fresh suit. To avoid this he thought he would take a chance but that chance boomeranged against him. It is not a case where he prosecuted due to ignorance of law or bonafide mistake nor can it be said that he had misconceived the suit. None of the cases cited by the learned Advocate can assist the appellant because in all of them it was either a case of mistake of law on a doubtful point such as in the case of Bishambhur Haldar v. Bonomali Haldar and Ors. ILR 26 Calcutta 414, or ignorance of l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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