1889 (11) TMI 1

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.... JUDGMENT 1. In execution of the decree in original suit No. 2 of 1883 on the file of the Subordinate Court of North Malabar certain immoveable properties were sold. The appellant instituted original suit No. 5 of 1886 to set aside the sale and took the amount of the decree in the first-mentioned suit, which exceeded Rs. 5,000, as the value of the second suit. 2. The Subordinate Court dis....

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....t the appeal lay to the High Court. It is urged before us that there was sufficient cause for the delay under Section 5 of the Limitation Act. We are not prepared to hold that a mistake of law is under no circumstances a sufficient cause within the meaning of that section. In an unreported case to which we have been referred, the appellant valued his partition suit at the amount claimed for his sh....

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.... true rule is whether under the special circumstances of each case the appellant acted under an honest, though mistaken, belief formed with due care and attention. Section 14 of the Limitation Act indicates that the Legislature intended to show indulgence to a party acting bona fide under a mistake. We think that Section 5 gives the Courts a discretion which in respect of jurisdiction is to be exe....