RAJ BEHARI SINGH Vs. CHANDRIKA SINGH

JUDGEMENT

(1.) The only point which arises for determination on the present appeal, by defendants 2 and 3, is a question of limitation. The question is: is the plaintiff's suit barred by Article 47 read with Section 28 of the Limitation Act?

(2.) The court of appeal below, in disagreement with the first court, negatived the plea of limitation, and, held that the plaintiff's suit was not barred by limitation because Article 47 of the Limitation Act did not apply to the facts of the case. Mr. Justice Naqui Imam, who has referred this appeal to a Division Bench for decision, has also taken the same view in his order of reference.

(3.) For a proper understanding of the question of limitation involved in the present appeal, I may state briefly a few facts.