HARI JANARDHAN LIMAYE Vs. KRISHNAJI BALKRISHNA BHATE

JUDGEMENT

(1.) [His Lordship, after stating facts as above, proceeded :] The questions arising in this appeal are, firstly, whether the present application is maintainable under Order XXXIV, Rule 6, of the Civil Procedure Code, and, secondly, whether the application is within time.

(2.) Assuming that the application is maintainable, the present application filed on February 10, 1920, would be governed by Art. 181 of the Indian Limitation Act, which provides the period of limitation of three years from the time when the right to apply accrues. Section 90 of the Transfer of Property Act has been transferred to the Civil Procedure Code as Order XXXIV, Rule 6, There fore, the application under that rule would be an application under the Civil Procedure Code, and Art. 181 would apply. See Pell V/s. Gregory (1925) I.L.R. 52 Cal. 828, f.b. overruling Biswambhar Shaha V/s. Ram Sundar Kaibarta (1914) I.L.R.R. 42 Cal. 294 and Muhammad Iltifat Husain V/s. Alim-un-nissa Bibi (1918) I.L.R. 40 All. 551.

(3.) Both the lower Courts held that limitation began to run from April 1912 when the fire occurred, and that the present application was within time on account of the exclusion of the period from 1913 to 1920 occupied by the previous darkhast in computing limitation under Section 14 of the Indian Limitation Act.