MAKHAN SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, whereby the defendant's first appeal was allowed and the suit dismissed. The plaintiff -appellant filed a suit for recovery of Rs. 20,000/ - as damages on account of malicious act of the defendant of illegally impounding a vehicle under Section 129 -A of the Motor Vehicles Act, 1939 (for short 'the Act'). The plaintiff claimed such damages consequent to the decision of this Court in C.W.P. No. 1942 of 1986 filed by him, which was allowed on 09.10.1986 holding that the defendant, being a police official, had no authority to impound the vehicle of the plaintiff under Section 129 -A of the Act.

(2.) THE learned trial Court decreed the suit while granting damages of Rs. 9000/ - consisting of loss of salary; legal expenses and loss of reputation etc. However, the learned first Appellate Court allowed the appeal preferred by the defendant, inter alia, holding that the suit is barred by limitation relying upon Article 72 of the Limitation Act, 1963. The argument of the plaintiff that the suit is governed by Article 91(b), therefore, within limitation, was not accepted.

(3.) THE argument of the learned counsel for the appellant is that the plaintiff is not challenging the action taken by the defendant, but claiming damages as a consequence of the illegal action of impounding of vehicle, therefore, it will be Article 91(b) of the Limitation Act, which would be applicable.