Tyson Brothers Limited v Mulji (C.C. 96/1930 (Msa.).) [1930] EACA 83 (1 January 1930)

## ORIGINAL CIVIL.

#### Before THOMAS, J.

### TYSON BROTHERS LIMITED

$\mathbf{r}$

# JAMNADAS MULJI.

### C. C. $96/1930$ (Msa.).

The Indian Limitation Act, 1877—Article 5—period of limitation in the case of negotiable instruments sued upon summarily.

Held: - That without an amendment of the Indian Limitation Act applicable to this Colony, the words of Section 106 Civil Procedure Ordinance, No. 3 of 1924, do not extend the limitation under Article 5, to all mat

Atkinson for plaintiffs.

Budhdeo for defendant.

RULING.—I am satisfied that without an amendment of the Indian Limitation Act applicable to this Colony the words of section 106, C. P. O., do not extend the limitation under Article 5 to all matters apart from negotiable instruments which can now be dealt with by summary procedure. This has been appreciated in India, and there in the extension of the principle of summary procedure an amendment of the Limitation Act was made.