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Constitutional Petition No.D‑61 of 1986, decided on 15th May, 1986.
‑‑‑O .VII, R. 11‑‑Limitation Act (IX of 1908), S.12‑‑Suit filed after one day of expiry of limitation‑‑Effect‑‑Suit, filed on very next day after expiry of prescribed limitation for filing same, would be treated barred by one day unless it could be shown that last day of prescribed limitation for filing suit was holiday‑‑Plaint was rightly rejected by Court below on point of limitation in circumstances.
Saeeduddin for Petitioner.
‑‑The petitioner had been acquitted in a case filed by the respondent on 16th of January, 1984. The petitioner filed a suit for damages and malicious prosecution on 17th of January, 1985. The respondent applied to the Civil Judge under Order VII, rule 11, C.P.C. for rejection of the plaint on the ground of limitation. The Civil Judge refused to accept this application on the ground that the matter required evidence.
The District Judge, Tharparkar, however, allowed the revision application of the respondent and treated the suit as barred by one day and dismissed the same.
Mr. Saeeduddin, Advocate for the petitioner has urged that the suit was not time‑barred as the day on which the petitioner was acquitted, namely, 16‑1‑1984 has to be excluded under section 12 of the Limitation Act. This submission is correct and, therefore, the limitation of one year could start to be counted from 17th of January, 1984. But unfortunately the count of one year counted from 17th January, 1984 could finish on 16th January, 1985 and, therefore, the suit which is filed on 17th January, 1985 has to be treated as barred by one day unless it can be shown by the counsel that 16th January, 1985 was holiday. But it is evident that it was not holiday and Mr. Saeeduddin, Advocate has not been able to show us that 16‑1‑1985 was a holiday.
In this view of the matter' the suit was barred by time and the order of the District Judge is justified.
This petition is, therefore, dismissed in limine.
H.B.T.
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