BHAGVANT RAMCHANDRA Vs. KAJI MAHAMAD ABAS

JUDGEMENT

(1.) WE are indebted to each of the pleaders for appearing in this reference as amicus curiae. Mr. Nilkanth has placed before us all the available authorities on the point and argued the Reference in support of the plaintiff. But we are of opinion that our answer to the Reference must be that the claim is barred by the law of limitation prescribed in Section 48 of the Code of Civil Procedure. WE agree with the Subordinate Judge in the view he has taken, namely, that the decree having been obtained by the plaintiff s father and time having once begun to run under Section 9 of the Limitation Act, no subsequent disability, that is. the minority of the plaintiff, could arrest it. Once the limitation began to run from the date of the decree, the twelve years period must be computed from that day. The point is practically decided by this Court in Jivraj v. Babaji (1904) I.L.R. 29 Bom. 68. With this answer the Reference must be returned to the Subordinate Judge.