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Chulhai Naik And Ors. vs Bharath Narain Singh And Anr. on 25 March, 1958

The above view gains support from a Bench decision of the Allahabad High Court in Mt. Bhagwati v. Sant Lal, AIR 1946 All 360 (D). It was held in that case that the expression "when the right to apply accrues" in article 181 of the Limitation Act means ''when the right to apply first accrues". It was further held that it may be that in a particular case the plaintiff may not make an application on the first occasion that he became entitled to make one, but that would not prevent the limitation running against him, which depends upon the time of accrual of the right to make an application and that the limitation does not depend upon the forbearance on the part of the plaintiff to exercise the right but upon the date of the accrual of that right and, therefore, it cannot remain suspended by reason of any omission or forbearance on the part of the plaintiff.
Patna High Court Cites 14 - Cited by 1 - V Ramaswami - Full Document

Mst. Parmeshri And Ors. vs Mst. Atti on 8 February, 1957

7. Lastly it was contended by Mr. Jagga that the only Article which was applicable was Article 181 and he referred me to a Division Bench judgment of the Allahabad High Court, Mt. Bhagwati v. Sant Lal, AIR 1946 All 360 (M). That was a case of a preliminary mortgage-decree for sale, providing, that the decretal amount would be paid in instalments and in case of nonpayment of any three instalments the entire unpaid amount would be payable in a lump sum. It was held in that case that the expression "when the right to apply accrues" means "when the right to apply first accrues". This authority having regard to the facts of this case, has no applicability.
Punjab-Haryana High Court Cites 6 - Cited by 7 - Full Document
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