ISHWAR DAYAL Vs. BADRI LAL

JUDGEMENT

(1.) This appeal arises out of a simple money suit based on a hand-note dated 27 December 1928, executed by the guardian of the defendant who is a minor and is represented by a guardian ad litem appointed by the Court. The question involved is that of limitation. The trial Court dismissed the suit as barred but the lower Appellate Court has decreed it. The question of limitation arises thus.

(2.) The plaintiff instituted the suit in the Court of the Munaif of Muzaffarpur on 23 December 1931. On 27 February 1933, the Munsif held that he had no jurisdiction to entertain the suit and ordered the plaint to be returned and cost to be paid to the defendant. Decree was prepared and signed on 6 March and plaint was returned to the plaintiff's pleader on 7 March and was presented to the Munsif of Patna on 15 March.

(3.) The question is when the proceeding before the Munsif of Muzaffarpur should be held to have terminated. If it terminated on 27 February 1933, when the order of the return of the plaint was passed, then the suit is obviously barred. This was the view taken by the trial Court. If, on the other hand, the date of termination of the proceeding be taken 6 March when the decree was prepared and signed, then the suit was in time, and this view has been adopted by the learned Subordinate Judge in the Court of Appeal below.