SURAJBHAN Vs. SADUL TEXTILES

JUDGEMENT

(1.) This is a plaintiff's appeal against the judgement and decree dated 13th Dec. 1972 whereby the plaintiffs suit was dismissed with costs holding that the suit is barred by time as the period taken in litigation at Delhi cannot be excluded under S.14 of the Limitation Act.

(2.) I may state a few relevant facts necessary for the disposal of the present appeal.

(3.) The plaintiff Surajbhan instituted the suit against the defendants on 13th March, 1958 in the court of Senior Sub-Judge at Delhi which was registered as No. 95 of 1958. The suit was for the recovery of damages amounting to Rs. 11,880.10 Annas. Before the filing of that suit a suit for permanent injunction was filed in the court of Sub-Judge Delhi but the same was allowed to be withdrawn by the order dated 27th Dec. 1957 with the permission to bring a fresh suit on the same cause of action. According to the plaintiff the cause of action arose at Delhi in July 1956 when the agreement took place subsequently on 1st June, 1957 and later on when the loss took place.