MYLAPORE IYASAWMY VYAPOORY MOODLIAR Vs. YEO KAY

JUDGEMENT

(1.) THE learned Judge in this case has decided that the suit was barred by limitation under the 140th or the 144th article of the second Schedule of the Limitation Act, XV of 1877. He stated that, in his opinion, it is barred by Article. 140. Their Lordships are of opinion that the learned Judge was right in the conclusion that the suit was barred by Article. 140 of that Act.

(2.) IN order to ascertain whether the suit was so barred or not, we must look to what was the nature of the case which the plaintiff made.

(3.) IN the case of Eshen Chunder v. Shama Churn Bhutto 11 M.I.A. 7, Lord Westbury, who delivered the judgment, said: "This case is one of considerable importance, and their Lordships desire to take advantage of it for the purpose of pointing out the absolute necessity that the determination in a cause should be founded upon a case, either to be found in the pleadings, or, involved in, or consistent with, the case thereby made."