RAO MAHENDRA SINGH Vs. ABDUL RASHID

JUDGEMENT

(1.) DEFENDANT Rao Mahendra Singh has filed this L.P.A. now assailing the judgment of the first appellate Court amongst others on the ground that the first appellate Court had wrongly ordered exclusion of time for the period suit No. 1164/51 was pending adjudication and that the Limitation Act of 1963 was not attracted in terms of its section 31 as the limitation period provided for the suit had already expired under the old Act.

(2.) IN the present case appellant had not advanced his claim of adverse possession at any stage even from the date he had purchased the disputed house in execution proceedings of suit No. 14 on 10.10.1955. He appears to have done so for first time while taking objection to the execution proceedings in suit No. 1164/51 on 29.11.1962. As such the period of limitation was computable from that date and the suit was within the period of limitation prescribed by any calculation.

(3.) APPELLANTS ' reliance on section 31 of this Limitation Act seems also misconceived. Because this section only provided that the expired cause of action in a suit, appeal or application that had already become time barred under the old Act of Limitation on 1st January, 1964 could not be revived by resort to the provisions of the Act of 1963 providing for a longer period of limitation. As a matter of fact the position contemplated by section 31 was not attracted to the present case at all. Because civil suit No. 26 -A/72 was filed on 24.12.1972 and was to be governed by the Limitation Act, 1963 which was already enforced.