SOMESHWAR AMRATLAL Vs. NARANBHAI JORABHAI

JUDGEMENT

(1.) The argument that the suit is barred by the law of limitation proceeds upon the assumption that there had been an application to the Court under Sections 278 to 283 of the Civil Procedure Code and a refusal of the application.

(2.) It however has been determined in a prior suit, to which the plaintiff and the present appellant were parties, that the application to which we have alluded was not under those sections but under Section 287.

(3.) That being so it is clear that the objection on the score of limitation fails. It is then suggested that the decree has been so framed as to give rise to the possibility of difficulty here. after.