MUNICIPAL BOARD OF GHAZIPUR Vs. DEOKINANDAN PRASAD

JUDGEMENT

(1.) This appeal arises out of a suit by the respondent for recovery of Rs. 689-5-3 paid by him to the appellant Board on account of octroi upon some logs of wood imported by him into the Municipality.

(2.) The first Court dismissed the suit as barred by limitation under Article 62, Schedule I to the Limitation Act. On appeal the District Judge held that the suit was governed, not by Article 62, but by article 120 and having been brought within six years of the accrual of the cause of action, was within time. Accordingly he remanded the suit for trial on the merits. The Board has appealed, contending that the suit is barred by limitation either under Artricle 2 or under Article 62.

(3.) No evidence having been taken the question must be decided for the present on the plaint.