Inder Dev Dua, J. - (1.) This is a plaintiffs appeal from the judgment and decree of the Court of learned Subordinate Judge 1st Class dismissing the suit as barred by time.
(2.) It appears that the present plaint was originally presented in the Court of a Civil Judge Kheri in U.P. on 31st August, 1950, but the same was returned later, on the ground that Civil Courts at Khen had no jurisdiction to entertain the suit and that it were Delhi Courts which alone could entertain the suit. This order is said to have been passed on 7th January 1953, and the plaint was re-presented in the Civil Court at Delhi on 9th January, 1953.
(3.) The suit was resisted by the defendant inter alia on the plea of limitation. The plaintiffs m reply relied on Section t4 of the Indian Limitation Act urging that the time during which the suit in the Kheri Court was prosecuted should be excluded.;