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The East And West Steamship ... vs S. K. Ramalingam Chettiar.(And ... on 3 May, 1960

8. According to counsel for the appellant what we have before us is a condition precedent; there was an extinction of the right; and he cited in support of his contention East and West Steamship Co. Madras v. S. K. Ramalingam Chettiar, AIR 1960 SC 1058. That decision has nothing to do with a case like this where neither the right nor the remedy can be considered as extinguished because the non-filing of tha suit stemmed not from any act or omission of the appellant but from the fact that the court was in recess; and all that he could do, namely, the filing of the plaint on the date on which the court reopened, was done by him.
Supreme Court of India Cites 8 - Cited by 76 - K C Gupta - Full Document

M. Muhammad Jan vs Shiam Lal And Ors. on 14 December, 1923

The significance of the Madras case, as stated in Muhammad Jan v. Shiam Lal, AIR 1924 All 218 "lies in the fact that the Hon'ble Judges repelled contentions based upon the statutory provisions of the Indian Limitation Act and of the General Clauses Act; but nevertheless held that there is a generally recognised principle of law under which parties who are prevented from doing a thing in court on a particular day,not by any act of their own, but by the court itself, are entitled to do it at the first subsequent opportunity."
Allahabad High Court Cites 6 - Cited by 10 - Full Document
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