SUDARSHAN TRADING CO. LTD. Vs. VEERANNA AND OTHERS, SHILTON BLOCKS AND OTHERS AND T.A. RAMPRASADAM AND OTHERS

JUDGEMENT

(1.) THESE three revisions arise from the orders of the court below dated December 8, 1992, in Misc. Cases Nos. 435 of 1988, and 433 of 1988, and order dated February 2, 1993, in Ex. Case No. 51 of 1991, respectively, passed dismissing the common petitioner's applications filed under Order 9, rules 3 and 4 of the Civil Procedure Code, 1908, in the said Misc. Cases Nos. 435 and 433 of 1988, and application under Order 21, rule 10 of the Civil Procedure Code, 1908, in Ex. Case No. 51 of 1991 as time barred.

(2.) CERTAIN undisputed facts are that petitioner (hereinafter called "the company") had filed the suit in S.C. No. 3342 of 1981 against respondents in C.R.P. No. 817 of 1993 and S.C. No. 3341 of 1981 against respondents in C.R.P. No. 10074 of 1993, for recovery of certain debts due to the company from them. On December 9, 1982, both the said suits were dismissed for default by the trial court.

(3.) ALTERNATIVELY , the aid of section 458A of the Companies Act, 1956 ("the Act" for short), was invoked by the company claiming exemption from operation against the applicability of the Limitation Act, 1963, to its above said legal proceedings.