1908 (5) TMI 1

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..... on the ground that it is barred by limitation under Article 91 of the second schedule to the Limitation Act. The only question for determination in this appeal is whether that article governs the suit. The plaintiff's case was that he and his nephew Ramdeo executed a sale deed of certain zarnindari property in favour of the defendant Musammat Phuljhari on the 27th of June 1899; that the sale .....

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..... , should be awarded to him against the defendant. The Court of first instance held that the sale was a fictitious transaction and dismissed the claim. On appeal the learned Judge came to the conclusion that the suit was time-barred, having been brought after three years from the date of its execution. This view of the learned Judge appears to us to be erroneous. The claim was not to set aside the .....

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..... pinion that ground is untenable, we allow the appeal, sell aside the decree of the Court below and remand the case to that Court under Section 562 of the Code of Civil Procedure with directions to re-admit it under its original number in the register and dispose of it according to law on the merits. The appellant will have his costs of this appeal. Other costs will follow the event. - - TaxTM .....

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