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Judgment
6 paragraphs · 126 words
1.
The learned judge of this Court is right. Plaintiff was only entitled u/s 14 of the Limitation Act to a deduction of the time between the institution of
the suit and the disposal of the appeal against the order directing the plaint to be returned. That time ended on the day the order of the appellate
court was pronounced and the court to which the plaint was again presented had no power to allow any further deduction and the suit was out of
time after deducting the only time which could legally be allowed. The same view has been taken by the High Court of Calcutta, see Abhoya Churn
Chuckerbutty v. Gour Mohun Dutt, 24 W. R. (C. R) 26
2.
The appeal is rejected.