CPC / Limitation Act

Querist : Anonymous (Querist) 23 January 2011 This query is : Resolved
In a suit, plaintiff filed a suit and immediately thereafter filed an application under sec 14 Limitation Act to take the benefit of an earlier proceeding for the purpose of limitation of the current suit. However, the application has been disallowed and the Hon'ble single judge of High Court rejected the plaint being time barred. Now the question is, if the order disallowing the application is an order which would be appealable before the division bench or will it be a judgment/decree to which regular appeal under Order 41 wud lie before the division bench

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Amit Minocha (Expert) 28 January 2011
the order dismissing the application would be challenged

Querist : Anonymous (Querist) 06 February 2011
But, sir, in the opinion of registry of High court, an appeal against the suit will lie as they opine that the plaint has been rejected and the suit is not pending. therefore they want Regular First Appeal with full court fee

Advocate. Arunagiri (Expert) 06 February 2011
You can file an appeal against the dismissal of the application only, not on the suit. Once the condone delay is allowed int he bench, the matter will be remanded to the single judge.

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