JADU NATH DANDPUT Vs. HARI KAR

JUDGEMENT

(1.) This is a Letters Patent appeal against a decision of Mr. Justice Geidt.

(2.) The appeal arises out of a suit for compensation for the illegal distress, and the cutting and carrying off of standing crops. Mr. Justice Geidt relying on the decision of this Court in Mohesh Chandra Das V/s. Hari Kar (1905) 9 C.W.N. 376, has held that the Art. of the Limitation Act applicable is Art. 36, and that the suit is accordingly barred as brought more than two years after the accrual of the cause of action.

(3.) On behalf of the plaintiff it has been contended that Mr. Justice Geidt's decision is wrong, and that the Art. applicable is not Art. 36, but some other Art. allowing 3 years for the suit and that the case relied on by Mr. Justice Geidt is at variance with the Full Bench decision in Mangun Jha V/s. Dolhin Golab Koer (1898) I.L.R. 25 Calc. 692.