HUSSAIN KHAN Vs. YADAVALLI CHOULTRY TRUST KOTHAPETA

JUDGEMENT

(1.) This appeal is directed against the decree and order dated 6-5-1992 in an unnumbered Original Suit of 1992 (C.R.R. No. 30/92) on the file of the court of the Vacation Civil Judge (I Additional District Judge), Guntur.

(2.) The appellant herein presented the plaint in the above suit before the lower Court seeking a declaration that the decree passed in O. S. No. 1498/73 on the file of the I Additional District Munsif, Guntur in favour of the 1st respondent herein and against the appellant, is inexecutable and void. The lower Court rejected the plaint on the ground that the suit is barred by limitation and, therefore, not maintainable.

(3.) The case of the appellant herein, who presented the plaint before the lower Court, is that institution of suit is governed by Article 58 of the Limitation Act and, therefore, the suit is maintainable. The specific plea taken by the appellant herein before the lower Court to meet the objections raised by the office, is that the suit was in time and maintainable. However, the lower Court considered the entire gamut of the arguments and held that the suit falls within the purview of Article 59 of the Limitation Act and, therefore, time has run against the appellant plaintiff, and rejected the plaint. As against such rejection, the present appeal is filed.