VORA AMINABAI IBRAHIM Vs. HEIRS OF DECD. SUGRABAI YUSUFALI MAKATI VORA MOHMEDALI ZAFARBHAI
HIGH COURT OF GUJARAT
Vora Aminabai Ibrahim
Heirs of decd. Sugrabai Yusufali Makati Vora Mohmedali Zafarbhai
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(1.) It was contended on behalf of the respondents plaintiffs that at any rate, during the pendency of the suit, the defendant had become full-fleged mortgagee by 12 years' lapse after he entered possession of the property as a mortgagee In our system of jurisprudence, the rights of the parties are decided on the basis of cause of action that accrued to the plaintiff at the time suit had come to be filed. The concept of justice is to see that justice is dispensed there and then on the day the complaint is made, if possible, but this is only a Utopian way in the complex society of ours. Had the law permitted the court to do so, it would have certainly treated the plaintiff's suit as having been filed in the year 1977, soon after 21-4-1977 (the day of completion of 12 years' period), but unfortunately it is not open to the court to do so. On the day the suit had come to be filed, it was not competent. Had the poor deceased plaintiff been properly advised, he would have at least filed an alternate suit for possession on the basis of title.
Appeal allowed. ;
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