TILAK RAJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal arises in unfortunate circumstances where the appellant for the last 21 years is seeking to know, as to the forum, which would adjudicate upon its claim for damages against the Railways. Over a span of two decades, the appellant has been unable to get an answer to this issue, since at every juncture his claim has been returned with the response that the forum concerned, does not have the jurisdiction to entertain and try the claim preferred by him against the Railways.

(2.) The appeal, in these circumstances, is thus directed against the judgment of the learned Single Judge dated 20.09.2010 passed in Interlocutory application being: IA No.746/2010 in CS(OS) 2082/2008. The appellant, who is the plaintiff in the suit had filed an application under section 14 of the Limitation Act, 1963 (in short, the said Act), seeking in effect exclusion of time spent in prosecuting his claim in the first instance before the Civil Court at Meerut, and thereafter, before the Railway Claims Tribunal (in short, the Tribunal).

(3.) The appellant is aggrieved by the impugned judgment passed by the learned Single Judge, whereby his application under section 14 of the said Act has been dismissed and the suit has been held as being barred by limitation, and accordingly, resulted in the rejection of the plaint under Order 7 Rule 11 (d) of the Code of Civil Procedure, 1908 (in short, the Code). The operative portion of the judgment reads as follows :-