KASHINATH RAJARAM SOMANI Vs. GOVIND SHANKAR JINSIWALLA

JUDGEMENT

(1.) The question in this appeal is whether the darkhasfc is barred by limitation.

(2.) The decree-holder is a minor represented by the Court of Wards. The present darkhast is more than three years after the previous darkhast. The trial Court held that the Court of Wards was a trustee for the minor and that Section 6 of the Indian Limitation Act did not apply. The lower appellate Court held that the Court of Wards was a manager and Section 6 applied and therefore the darkhast was time-barred. The judgment-debtor appeals.

(3.) The question whether the Court of Wards is a trustee or a manager is irrelevant. Under Section 6 the last date for the decree-holder to apply was within three years after attaining majority. It has been held by the Courts in a series of cases such as Mon Mohun Buksee v. Gunga Soondery Dabee (1882) I.L.R. 9 Cal. 181, Lolit Mohun Misser V/s. Janoky Nath Roy (1893) I.L.R. 20 Cal. 714, Nwendva Nath Pahari V/s. Shupendra Narain Roy (1895) I.L.R. 23 Cal. 374, and Zamir Hasan V/s. Sundar (1899) I.L.R. 22 All. 199, that the guardian of a minor can also apply in execution at any time during the minority, even though his previous application is more than three years old.