M P E B JABALPAUR Vs. KALE KHAN

JUDGEMENT

(1.) This revision is filed by the defendant challenging an order dated 18-12-1998 passed by 6th Addl. District Judge, Gwalior in civil suit No. l-B/91 whereby issue No. 5 is tried as a preliminary issue and decided against the present petitioner.

(2.) Brief facts of the case are that the respondent filed a suit for compensation for the injuries sustained by him due to the fall of electric pole on his body on 16-6-1988. Due to the said accident the respondent plaintiff suffered various injuries and, therefore, he filed the present suit for compensation on 25-6-1991. In the plaint it is alleged that the cause of action to the present suit was accrued on 16-6-88 and the period of limitation for claiming compensation is three years which expired on 15-6-1991. However, at that time the Court was closed due to summer vacation and 22-6-1991 was the last day of summer vacation. 23-6-1991 was Sunday, 24-6-1991 was a holiday due to Ed-ul-Zuha and the suit was filed on 25-6-1991 i.e. the Court reopening day, hence the suit is within limitation.

(3.) Defendant raised a plea that the present suit is governed by Article 72 of the Limitation Act and the limitation for filing a suit is one year, hence the present suit is barred by limitation. On the basis of the pleadings Court has framed several issues out of which issue No. 5 relates to limitation. This issue was tried as a preliminary issue and decided against the defendant, hence this revision.