CHATHAYYAN ASARI SUBRAMANIAM ASARI Vs. NAGALINGAM ASARI MUKKADALINGAM ASARI
HIGH COURT OF KERALA
Chathayyan Asari Subramaniam Asari
Nagalingam Asari Mukkadalingam Asari
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(1.) The suit is instituted by the plaintiffs 1 and 2 claiming to be the President and Secretary of Viswakarma Samudayam to set aside Ex. P 10 order dated 14-10-1955 passed under S.145 of the Criminal Procedure Code, for declaration of the title of the 'Pazhayasalayil Viswabrahma Samudayam' now called 'Viswakarma Samudayam' to the plaint schedule items, for recovery of the same and for removal of the defendants from management thereof. The suit was instituted on 18-9-1956 and it is agreed that the suit on the date of its institution is not barfed by limitation. The third plaintiff got himself impleaded pending suit on the ground that he is the President of the Samudayam elected after the institution of the suit.
(2.) The plaintiffs filed an application under O.1 R.8, C.P.C. on 5-9-1961 to continue the suit as a representative suit and it was allowed by the Trial Court.
(3.) The courts below held that in view of S.22 of the Indian Limitation Act, 1908 the suit must be deemed to have been instituted only on 5-9-1961 the date of the filing of the application for permission under O.1 R.8, C.P.C. Since the said date is beyond three years from the date of the accrual of the cause of action the suit is barred by limitation. The courts below have relied on the decision of the Bombay High Court in Hubli Panjarapole v. Saraswatayya AIR 1953 Bombay 334, for their conclusion.;
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