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1913 DIGILAW 302 (CAL)

Maharaja Birendra Kisore Manikya Bahadur v. Ram Kumar Chakravarti

1913-07-11

ASUTOSH MOOKERJEE, LAWRENCE JENKINS

body1913
JUDGMENT 1. Both Courts have agreed in dismissing this suit; and it is conceded that no case is more favourable to the plaintiff than this. The Munsif expressly purported to follow the decision in Birendra Kishore Manikya Bahadur v. Roshan Khan 13 Ind. Cas. 518; 39 C. 453; 16 C.W.N. 93 n.; 15 C.L.J. 203, where, in circumstances like the present, the learned Judges considered that hostile right was claimed to the knowledge of the plaintiff, and no suit was brought until more than 12 years after. Therefore, it was thought that the suit as framed was clearly barred by limitation and liable to be dismissed. That decision was certainly binding upon the lower Appellate Court, as it is on us, and we must, therefore, dismiss the appeal.