LAHORI MAL PURI Vs. PIONEER MEDICAL STORES

JUDGEMENT

(1.) The short point for decision in the present case is whether the petitioner's application under Section 13 of the Displaced Persons (Debts Adjustment) Act, 1951, is barred by time.

(2.) The facts of the case are simple and not in dispute. On 6-4-1945 and 25-101945 Shri Lahori Mal Puri petitioner sold certain goods to the Pioneer Medical Stores, Cawnpore, hereinafter referred to as the respondents. The country was split up into the Dominions of India and Pakistan on 15-8-1947 and in view of the communal disturbances which broke out in that year the petitioner was unable to bring an action against the respondents. On 30-5-1952 the petitioner made an application under Section 13, Displaced Persons (Debts Adjustment) Act, 1951, & this application was dismissed by the trial Court on the ground that it was presented to the Court after the period of limitation had expired.

(3.) On 4-9-1948 the Central Legislature enacted a measure known as the Displaced Persons (Institution of Suits) Act (Act 47 of 1948). Section 8 of this statute was in the following terms: