PARBATI NATH DUTT Vs. RAJMOHUN DUTT

JUDGEMENT

(1.) This is an appeal against an order of the Officiating Additional Judge of Dacca, dated 4 July 1900, setting aside a decree of the Subordinate Judge of that District, dismissing a suit as barred by limitation and remanding it to him for trial.

(2.) The facts are as follows: The respondent was a party to a partition before the Collector under the Estates Partition Act. He contended before the Collector that certain land, measured as part of taluk No. 2466, the estate under partition, was not part of that estate, but appertained to his howla, Muktaram Datta Das, subordinate to taluks Nos. 241, 242 and 243. The Revenue authorities enquired into his contention under Section 116 of the Act and decided it against him. The respondent then brought this suit to have it declared that the disputed land was part of his howla, Muktaram Datta Das, but he brought his suit after the lapse of one year, and so the Subordinate Judge held it to be barred and dismissed it.

(3.) The Additional Judge was of opinion the suit was not barred and remanded the case for trial.