CHANMALAPA CHENBASAPA TENGUIKAI Vs. ABDUL VAHAB MUHAMED HUSSEIN

JUDGEMENT

(1.) The only question argued on this appeal is one of limitation, and it is, whether the words "a Court of first instance" and "a Court of appeal," in Section 14 of the Indian Limitation Act, include a foreign Court, such as one in a Native State, falling within that description.

(2.) The question has arisen under the following circumstances. The appellant brought a suit and obtained a decree against the respondent in the Court of the District Judge of Shivmoga in the Native State of Mysore. On appeal to the Chief Court of that State, the decree was reversed and the suit dismissed, on the ground that the Court at Shivmoga had no jurisdiction, as the cause of action had arisen in British India.

(3.) The appellant then filed this suit in the Court of the First Class Subordinate Judge at Dharwar. The suit was on the face of it barred by limitation, but the appellant, relying on Section 14 of the Limitation Act, claimed to exclude, from the period prescribed by that Act for the suit, the time during which he had been prosecuting, with due diligence, the civil proceeding in the Courts in the Mysore State.