DEENANATH S/O NARAIN Vs. SADASHIV JAIKISHAN

JUDGEMENT

(1.) THIS is a revision petition by the Defendant against a decision of the Court of Small Causes, Lashkar decreeing the Plaintiff -non -applicant's claim for Rs. 453/ - besides costs and interest against the applicant.

(2.) THE only question for determination in this revision petition is whether the Plaintiff's suit filed of 1 -7 -1952 for the recovery of price of goods sold and delivered on 22 -6 -1949 within time. Ram Prakash Saxena learned Counsel for applicant contended that under the Gwalior State which was in force on 22 -6 -19 the Plaintiff could have filed his suit within, years of 22 -6 -1949; but that as on 17 -7 -1949 No. 40 of 1949 adapting the Indian Limitation Act 1908 came into force and as the period of limitation prescribed for suits such as the present if under the Gwalior Limitation Act was longer t the period of limitation prescribed under the adapted Indian Limitation Act, therefore, under Section 4(2) of the Adaptation Act the Plaintiff should have filed his sure within the period of two ye" next of 17 -7 -19411, the date on which the Adaption Act came into force. In other words, learned Counsel maintained that the Plaintiff should have filed his suit on or before 16 -7 -1951 and as it w filed on 1 -7 -1952 it was barred by time.

(3.) MR Ram Prakash Saxena drew my attention to a decision of Chaturvedi J. in - 'Mishril" Misirilal', 1953 Madh. B.L.J. 754. (A), where learned Judge has made the following observation: