Law:

Section:

Civil Procedure Code (V of 1908)-- ----5.149 & O.VII, R.11(d)---Limitation Act (IX of 1908), Ss.12 & 14---Suit for recovery of amount---Limitation---Rejection of plaint---Plaintiff who filed suit after expiry of prescribed period of three years contended that as he had filed petition to sue in forma pauperis and was engaged in prosecuting that petition, time so consumed should be excluded for computing period for filing of suit--­V time consumed in prosecution of pauper application, could neither be excluded under S. 12 nor under S. 14 of the Limitation Act, 1908 nor S. 149, C.P.C. was attracted in circumstances of the case---Plaint was rejected under O.VII, R.11(d), C.P.C. Esso Eastern Ins. and another v. Ark Navication Company and others 1987 SCMR 2097.ref ORDER The plaintiff was tenant of the defendant in respect of a shop, who obtained order of ejectment against the plaintiff and in execution of the said order, the possession was delivered to the defendant on 13-10-1984 by breaking the lock in absence of the plaintiff. The articles lying in the shop were entrusted to the defendant. The application filed by the plaintiff for return of the articles was dismissed by the learned Rent Controller by his order dated 25-11-1987, leaving it open to the plaintiff to seek remedy against the defendant in competent Court of law. 2. The plaintiff then filed petition to sue forma pauperis for recovery of Rs.44,85,000 as damages in this Court. It was registered as J.M. No.3 of 1988 and dismissed for non-prosecution on 16-9-1990. The restoration application filed was dismissed on 15-11-1992. The plaintiff, thereafter, on the cause of action, filed this suit on 23-12-1992. According to the office objection, the cause of action is disclosed to have accrued on 25-11-1987 and as such the present suit filed on 23-12-1992 is barred by limitation. In reply, the learned counsel for the plaintiff has not disputed the fact that the suit under the law to be instituted within three years. The only contention raised was that the time consumed in prosecution of the pauper application is to be excluded under section 12 of the Limitation Act for computing period for institution of…

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