summary suit. One suit is a suit for the amount? due upon a dishonoured cheque. The other suit is a suit upon a loan ... filed as summary suits. But here again whether the suits could be filed as summary suits depends upon whether the suits fell within the description
plaintiff's claim is barred by law of
limitation and the present summary Suit is well within time,
as the Plaintiff have diligently ... Petition and Summary Suit cannot be said to
be the same as the relief sought in the Winding-up Petition and
Summary Suit is different
transfer of
shares, the period of limitation expired on 17.11.1985 and
consequently the company petition was barred by limitation. It was
submitted that the petition ... fact a suit
and it was only a summary proceeding in place of a suit and,
therefore, the period of limitation applicable for a suit
limitation and summary
procedure is provided in s. 326 while s. 325 provides a
longer period of three years for a suit for possession ... limitation and
summary procedure is provided in s. 326 while s. 325
provides a longer period of three years for a suit for
possession.
Some
made was that the summary suit itself had been filed almost three years after the claim in the suit had become due and, therefore ... that the circumstance that a summary suit is filed almost at the fag end or three years' limitation after the claim became
N.N.L. Ramaswami Chettiar vs Mallappa Reddiar on 29 April, 1920
Equivalent citations: 59IND
suit, difficulties might arise as to the question of
limitation, the learned Judges felt it unnecessary to
consider whether or not the Limitation Act applies ... that only a suit should have been
brought for which the period of limitation was the ordinary
period provided in the Limitation Act . It appears
debts, the Act providing for summary recovery does not avail, once the period prescribed for recovery under the Limitation Act has expired. In other words ... treated as akin to a suit to be instituted by the company and was considered only as a special summary mode provided for recovery through
suit in the civil court and also claim
possession in the same suit. In nut-shell, the argument is
that the filing of the suit ... view of the matter, the suit brought by the plaintiff
was barred by limitation.
On the arguments of learned counsel for the parties the
questions
made which would be open to him in a regular suit under the Limitation Act . The learned Counsel for the liquidator then argued that even ... start for the purposes of limitation. But if no new right has been created at all, and only a summary procedure has been prescribed
