RAMJU Vs. MUNICIPAL BOARD BHILWARA

JUDGEMENT

(1.) -

(2.) THIS is a plaintiff's appeal against the judgment and decree dated 7th April, 1964, of the District Judge, Bhilwara in a suit for injunction.

(3.) AS regards the question of limitation for the suit, learned counsel contends that it is a case of continuing wrong which gives rise to cause of action every day and the suit cannot be held to be time barred even if the provisions of S. 179 of the Act are applied to it. However, it is clear that S. 23 of the Indian Limitation Act does not apply to cases where any special or local law prescribes for any suit a period of limitation different from the period prescribed therefor by the first schedule. Under S. 29 (2) (a) (b) of the Indian Limitation Act, it has been clearly laid down that besides Ss. 4, 9 to 18 and S. 22 the remaining provisions of this Act including S. 23 shall not apply.