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.