Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 4, Cited by 1]

Madras High Court

Appa Rau Sanayi Aswa Rau vs Krishnamurthi on 4 December, 1896

Equivalent citations: (1897)ILR 20MAD249

JUDGMENT

1. Though the precise point for decision in the Full Bench Case Veeramma v. Abbiah I.L.R. 18 Mad. 99 related to the applicability of Section 7 of the Limitation Act alone to suits brought under Section 77 of the Registration Act, yet having regard to the reasoning, as a whole, adopted by the learned Judges in arriving at their conclusion that Section 7 did not apply, we think we cannot but hold, on the strength of that decision, that Section 5 also is inapplicable to such suits.

2. Arguments, however, have been urged before us, which appear to have considerable force in favour of the applicability of Section 5, but we think the question is concluded by the Full Bench decision, and consequently that we are not at liberty to discuss it.

3. The appeal fails and is dismissed with costs.