Supreme Court of India · 1958-08-19
SITA RAM GOEL vs THE MUNICIPAL BOARD, KANPUR ANDOTHERS
- Citation / case number
- SC 1958/133
- Court
- Supreme Court of India
- Petitioner
- SITA RAM GOEL
- Respondent
- THE MUNICIPAL BOARD, KANPUR ANDOTHERS
- Author
- DAS, SUDHI RANJAN (),BHAGWATI, NATWARLAL H.,DAS, S.K.,KAPURL.,SUBBARAO, K.
- Bench
- DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,DAS, S.K.,KAPUR, J.L.,SUBBARAO, K.
Judgment text excerpt
The Supreme Court held that under Section 326 of the U.P. Municipalities Act, 1916, the cause of action for challenging a dismissal accrues when the dismissal order is communicated, not when an appeal against it is filed. The Court ruled that the appellant's suit, filed on December 8, 1952, was barred by limitation as the cause of action arose on March 19, 1951, when the dismissal was communicated. Thus, the appeal was dismissed, affirming the lower court's decision.