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october 1972

Supreme Court of India · 1972-10-13

AMAR CHAND INANI vs UNION OF INDIA

Citation / case number
SC 1969/60285
Court
Supreme Court of India
Petitioner
AMAR CHAND INANI
Respondent
UNION OF INDIA
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court held that Section 80 of the Civil Procedure Code does not extend the limitation period for filing a suit against the Railways, as it only prescribes a condition precedent for instituting the suit. The Court ruled that the appellant's suit was filed beyond the limitation period prescribed under Article 22 of the Indian Limitation Act, 1908, as the notice was served too late. Additionally, the Court clarified that Section 4 of the Limitation Act does not apply if the suit was not filed in the proper court, and Section 14 cannot be invoked since the initial filing was beyond the limitation period.

AMAR CHAND INANI vs UNION OF INDIA · Niyam