1935 (2) TMI 1 - HC - Indian Laws

Exclusion of Periods in Limitation Act Appeal Dismissed: Emphasis on Strict Adherence

Maqbul Ahmad Versus Onkar Pratap Narain Singh

The appeal from a decree of the High Court of Judicature at Allahabad was dismissed as the exclusion of certain periods in computing the limitation period ... - Issues:1. Interpretation of Indian Limitation Act regarding exclusion of periods in computing limitation.2. Jurisdiction of the Court in granting final decree.3. Application of Sections 3, 4, and 14 of the Indian Limitation Act.4. Judicial discretion in cases of hardship under the Act.Analysis:The judgment involves an appeal from a decree of the High Court of Judicature at Allahabad, where the decree-holder in a mortgage suit sought to make the preliminary decree absolute. The appeal was dismissed, leading to the current appeal by the representatives of the deceased decree-holder. The key issue revolved around the exclusion of certain periods in computing the limitation period under the Indian Limitation Act. The decree-holder argued for the exclusion of three specific periods, but the courts held against them, leading to the application being deemed out of time and barred by Article 181 of the Act.Regarding the exclusion of periods, the courts ruled that the time during which execution proceedings were ongoing could not be excluded under Section 14 of the Act. Additionally, the period of the long vacation was not considered for exclusion under Section 4. The judgment highlighted the distinction between the language used in Section 4 and Section 14, emphasizing that the exclusion of periods under Section 14 impacts the calculation of the prescribed period, unlike Section 4, which deals with the timing of making applications.Furthermore, the judgment addressed the jurisdictional aspect, where the decree-holder had initially applied to an Additional Subordinate Judge, which was deemed incorrect, and the subsequent application to the Subordinate Judge was challenged on the grounds of being out of time. The court dismissed the argument that judicial discretion could be applied to relieve the appellants from the Act's provisions in cases of hardship, emphasizing the peremptory nature of the Act under Section 3.In conclusion, the appeal was dismissed, and the costs were to be borne by the appellants. The judgment underscored the strict adherence to the Indian Limitation Act's provisions and the limited scope for judicial discretion outside the Act's framework, ultimately upholding the decision based on the Act's statutory requirements.