DES RAJ Vs. RAM SINGH AND OTHERS

JUDGEMENT

(1.) This is an application under S. 14 of the Limitation Act asking that a certain period of time during which the plaintiff had been prosecuting another civil proceeding against the defendant may be excluded in computing the period of limitation prescribed for the suit. The suit is for possession of certain land and ancillary relief of injunction. The dispossession of the plaintiff is stated to have taken place on 3-6-1945. It is common ground that the period of limitation prescribed for the suit is 12 years from the date of dispossession. This will take us to 3-6-1957.

(2.) The suit was first instituted in the High Court on 31-8-56. The value of the property was stated in the plaint to be only Rs. 11935/-. The value being less than Rs. 20,000/-, the plaint was returned by the High Court on 11-9-56 for being presented to the proper Court having jurisdiction. The plaint was next presented to the District Judge Jammu on 1-10-56 and was transferred to the Addl. District Judge on the same day.

(3.) The defendants contended that the suit was grossly undervalued. The Addl. District Judge decided on 26-8-1957 that the market value of the suit property was Rs. 53224/-. On the same day, the plaint was returned to the plaintiff for being presented to the proper Court. The plaintiff, however, appealed to the High Court against the order of the Addl. District Judge. On 19-11-58 a Division Bench of the High Court affirmed the finding of the Addl. District Judge on the question of valuation of the property. The plaint was thereafter presented to the High Court on 8-12-58.