RAJENDRA SINGH Vs. NISHAN SINGH PISAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner/defendant is aggrieved against the order dated 9. 5. 2006 by which the trial court decided issue no. 5a about limitation against the petitioner and held that the respondent/plaintiff's suit is within the period of limitation.

(3.) BEFORE the trial court, it was contended by the petitioner/defendant that the plaintiff's suit is under the provisions of Fatal Accidents Act, 1855 (for short 'the Act of 1855') and for such suit under the Act of 1855, the period of limitation for filing the suit is only one year from the date of cause of action. In the present suit, according to the plaintiff himself, the cause of action accrued on 24. 2. 2000 and the suit was filed on 24. 2. 2003. The trial court decided the issue in favour of the plaintiff after holding that any suit by any injured person is a suit on the basis of general civil law and not and cannot be under the provisions of Act of 1855. For suit under general law for compensation because of personal injury, no specific period of limitation has been prescribed, therefore, as per Article 113, the period of limitation is three years and since the suit has been filed within three years period, therefore, the suit is within the period of limitation.