BAIJNATH KARNANI Vs. VALLABHADAS DAMANI

JUDGEMENT

(1.) This case raises a preliminary point of importance and one which has not apparently been raised before although one would have thought that this matter in question must have arisen, in India, many times before. It is suggested by each side that the reason it has not been raised before that is that the answer is so obvious that the question is hardly susceptible of argument whereupon then followed on each side an able and exhaustive argument to show that the obvious was obvious

(2.) The point in question is this: Where in a foreign State there is an action and in that action a judgment is given and from that judgment appeal is made which appeal is dismissed is the "judgment" in that action the judgment of the Court of first instance or is it the judgment of the Appellate Court for the purposes of the Limitation Act?

(3.) This action is brought to enforce a judgment given in the State of Bikaner. The period of limitation in question is that provided by Art. 117 of the Schedule of the Act, that is, six years from the date of "the judgment". The suit is, in the Limitation Act, described as "upon a foreign judgment as defined in the Civil P. C., 1908". If Art. 117 is not applicable the period is six years from the time "when the right to sue accrues" ( Art. 120).