KUDAPA SUBBANA Vs. CHITTURI GANDHI
HIGH COURT OF ANDHRA PRADESH
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Krishna Rao, J. -
(1.) This is an application for leave to appeal to the Supreme Court of India under Art. 133 of the Constitution from our order in Civil Revision Petition No. 122 of 1970.
(2.) A few facts which gave rise to the civil revision petition before us may be stated. O. S. 4 of 1965 was filed by the present petitioner for recovery of a sum of Rs. 1,08,900.00 being the past mesne profits due for the period 1941, to 1951. The petitioner, who was the plaintiff, invoked the aid of Section 14 of the Limitation Act to bring the suit within time. The trail Court framed an additional issue which read as follows:--- "Whether the plaintiff is entitled in law to the benefit of Section 14 of the Indian Limitation Act and claim deduction of the period from 31-7-1940 to 18-12-1944 in computing the period of limitation prescribed for the suit."
(3.) This was tried as a preliminary issue by consent of parties. The trial Court held that issue in favour of the plaintiff. The aggrieved defendants preferred the above civil revision petition to this Court. By out order dated 23-22-1971 we disagreed with the lower Court and held that the plaintiff was not entitled to the exclusion of time taken by the earlier proceedings in computing the period of limitation for the suit. The trail Court framed several issues and as the revision was directed only against the findings given on the preliminary issue, we had observed in our order in the civil revision petition as follows:---- As this revision has been filed against certain findings on certain issues which were dealt with by the lower Court as preliminary issues, it is for the lower Court to dispose of the suit which is pending before it.";
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