AMAR CHAND INANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal, by special leave is from the judgment of the High Court of Punjab and Haryana dismissing the appeal filed by the plaintiff against the decree dismissing his suit for recovery of damages to the tune of Rupees 1 lakh.

(2.) The plaintiff is an advocate practising at the Ajmer bar. On the night between December 31, 1957 and January 1, 1958 the plaintiff was travelling by 2 Dn. Passenger train from Ambala Cantt. to Delhi. While the train was at Mohri Railway Station, the Janatha Express train coming from Delhi collided with it and a as result the plaintiff sustained serious injuries on his head and in the spine. The plaintiff filed the suit claiming damages under several heads. The trial Court found that the claim for damages was well founded to the extent of Rupees 33,503.00, but dismissed the suit on the ground that it was barred by limitation. The High Court, on appeal by the plaintiff, confirmed the finding of the trial Court that the suit was barred by limitation and dismissed the appeal.

(3.) The main question, in this appeal, is whether the suit was filed within the period of limitation.