SIDDINENI SRINIVASA RAO Vs. ALLU VEERAMMA

JUDGEMENT

(1.) This is a petition to revise the order of the District Munsif of Narsapur dismissing a small cause suit on the ground that it was barred by limitation. In order to appreciate the point involved in the revision petition it is necessary to state the material facts. On the 9th of May, 1951, the defendant executed a promissory note in favour of the plaintiff for Rs. 400. The period of three years for filing a suit on the foot of the promissory note expired on the 9th of May, 1954. But as the Munsif's Court was in vacation on that day the plaint was presented on the nth of June, 1954, on which date that Court re-opened. The claim in suit was for recovery of a sum of Rs. 467-15-6 which represents the amount of principal and interest due on the promissory note. The District Munsif returned the plaint for presentation to the proper Court on the ground that there was no notification of the High Court under section 28 of the Madras Civil Courts Act III of 1873, as amended by the Madras Civil and Village Courts (Amendment) Act of 1951. Pursuant to the order made by the District Munsif the plaint was actually returned on the 23rd of August, 1954. A Notification was issued by the High Court on the 20th of August, 1954, which appears to have been received by the Munsif's Court on 27th August, 1954. On the same date as the plaint was returned, the plaintiff re-presented the same reducing the plaint claim to Rs. 300. The defendant raised the plea that under the above circumstances the pFaint must be deemed to have been properly presented on the 23rd of August and by that date the claim had become time-barred. Holding that the presentation of the plaint on the nth of June 1954, was not in the proper Court and the period of vacation from the 9th of May, 1954 to the 10th of June, 1954, could not be tacked on to that which could be availed of under section 14 of the Limitation Act, the District Munsif dismissed the suit, as barred by limitation taking the 23rd of August, 1954, to be the date of proper presentation of the plaint. Now the Madras Act XVI of 1951 was enacted on the 3rd of July, 1951. Section 2 of that Act amended the Madras Civil Courts Act, 1873, as follows :

(2.) In and by the Madras Act XVI of 1951 it was provided that the amended Act shall come into force on such date as the State Government may by notification in the Fort St. George Gazette appoint. In G.O. Ms. No. 437, Law, dated the 28th April, 1954, published in the Andhra Gazette (Extraordinary) of the same date, the Governor of Andhra appointed the 20th May, 1954, as the date on which the said Act shall come into force. In the Andhra Gazette dated the 2nd of September, 1954, the following Notification made by the High Court was published :

(3.) The short question for determination in the revision petition is : When does this Not fication take effect ? Under section 28 of the Madras Civil Courts Act III of 1873 as amended by the Madras Act XVI of 1951 it is provided that :