Pauly v. Defendants 1 to 6 and others (RSA No. 669 of 2003)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Harun-ul-Rashid
- Judgment Date
- 2010-07-30
- Court Decision / Holding
- Appeal dismissed. Item No.2 held barred by limitation; item No.1 affirmed. No order as to costs.
- Final Disposition
- Appeal dismissed; item No.2 time-barred; item No.1 decree upheld; no costs.
Parties to the Case
Appellants / Petitioners
- Pauly, W/o. Chundanga Jose
Respondents
- Defendants 1 to 6
- Respondents 2 to 12 (in the suit)
Legal Representation & Advocates
Counsels for Petitioners
- • Sri. S.V. Balakrishna Iyer, Senior Advocate
Counsels for Respondents
- • Sri P.R. Venkatesh
- • Sri P.R. Raja
Case Synopsis & Summary
This Regular Second Appeal arises from a suit for partition and injunction filed by Pauly, the plaintiff, in O.S.404/1988 of the Munsiff’s Court, Aluva. The trial court granted a partition in favour of the plaintiff: 1/9 share of the 2/3 portion of plaint schedule item No.2 as it stood on Ext.B1 sale deed (4 December 1974) and 1/9 share of 2/3 from item No.1. The Additional District Court, North Paravur, on appeal by defendants 1,2,4,5, affirmed the decree for item No.1 but set aside item No.2, holding Ext.B1 to be voidable since it was executed by the mother as natural guardian on behalf of minor children; it also held the suit for item No.2 as barred by limitation, applying Sections 6, 7 and 8 of the Indian Limitation Act. The High Court of Kerala, while sustaining the view on limitation, examines the jurisprudence on fresh starting points of limitation for persons under disability, relying on Ponnamma Pillai Indira Pillai v. Padmanabhan Channar Kesavan Channar (1968 KLT 673), Moidu Haji v. Kunhabdulla (1998 (2) KLT 691), Hukmi v. Smt. Gian Kumar (1971 (3) SCC 782) and Darshan Singh v. Gurudev Singh (1995 SC 75). The court ultimately dismisses the appeal, holding item No.2 time-barred, and upholds the Lower Appellate Court on item No.1. It passes no costs.
Provisions of Law Cited
Legal Doctrines & Maxims
- Section 8 is a proviso to Section 6 or Section 7
- A minor may sue after cessation of disability within the same period as prescribed in the third column of the Schedule but not exceeding three years from cessation
- Fresh starting period of limitation from the date of cessation of disability, subject to a maximum of three years
Submissions & Arguments
Contentions of Appellants / Petitioners
The plaintiff contends Ext.B1 does not show necessity for the minor’s quantum and, being the act of the natural guardian mother, it is void. If void, Ext.B1 can be ignored and relief granted, subject to limitation (Sec.6, 8). It argues that under Sec.8 a person under disability can sue within three years from cessation, here from 1977, making the 1988 suit time-barred only for item No.2.
Contentions of Respondents
The respondents contend Ext.B1 is voidable due to minor representation by the mother; they rely on Sec.6 and Sec.8 to hold that the period for a suit by a person under disability cannot extend beyond three years from cessation, thus the suit for item No.2 is within the barred period; the decree for item No.1 stands final.
Cited Precedents (4)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Ponnamma Pillai Indira Pillai v. Padmanabhan Channar Kesavan Channar and others | 1968 KLT 673 | Positive | Used to explain that Sec.6 does not reset limitation; combined with Sec.8, it limits the fresh starting period to three years from cessation of disability. |
| Moidu Haji v. Kunhabdulla | 1998(2) KLT 691 | Positive | Cited as supportive precedent coherent with the Sec.6 and Sec.8 interpretation. |
| Hukmi v. Smt. Gian Kumar | 1971 (3) SCC 782 | Positive | Supreme Court authority cited to discuss interplay of Sec.6 and Sec.8. |
| Darshan Singh and others v. Gurudev Singh | 1995 SC 75 | Positive | Used to support understanding of limitations and disability cessation. |
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