Calcutta High Court
Nijabutoolla And Ors. vs Wazir Ali on 6 February, 1882
Equivalent citations: (1882)ILR 8CAL910
JUDGMENT Cunningham, J.
1. We think that the proper interpretation to be put upon Section 5 of the Limitation Act, considered along with Section 6, is that, except as defined in Section 6, the general provisions of the Limitation Act are applicable to cases for which periods of limitation are specially provided by local or special loss; and that therefore Section 5 of the Limitation Act ought to have been allowed to operate in the present case.
2. We accordingly set aside the decisions of the lower Courts, and remand the case to the first Court for a decision on the merits.
3. Costs will abide the result.
Tottenham, J.
4. I desire simply to add that Section 5 is of general application to all suits notwithstanding anything contained in Section 6.