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    <title>1907 (7) TMI 1 - HIGH COURT OF CALCUTTA</title>
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    <description>Where the bar of limitation is apparent on the pleadings or record, an appellate court must give effect to it even if the plea was not raised earlier, and leave may be granted to argue the point on appeal. A foreclosure suit by conditional sale is governed by Article 132 of the second schedule to the Limitation Act, not Article 147. Applying that rule, a suit filed more than twelve years after the due date, without proof of any payment saving limitation, was time-barred. The dissenting view was that the limitation objection should not have been entertained at that stage and that the procedural provisions of the Code should have prevailed.</description>
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    <pubDate>Tue, 16 Jul 1907 00:00:00 +0530</pubDate>
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      <title>1907 (7) TMI 1 - HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=290154</link>
      <description>Where the bar of limitation is apparent on the pleadings or record, an appellate court must give effect to it even if the plea was not raised earlier, and leave may be granted to argue the point on appeal. A foreclosure suit by conditional sale is governed by Article 132 of the second schedule to the Limitation Act, not Article 147. Applying that rule, a suit filed more than twelve years after the due date, without proof of any payment saving limitation, was time-barred. The dissenting view was that the limitation objection should not have been entertained at that stage and that the procedural provisions of the Code should have prevailed.</description>
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      <pubDate>Tue, 16 Jul 1907 00:00:00 +0530</pubDate>
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