The Travancore Law Reports

The Travancore Law Reports

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... which they are set forth above. First, as to the alleged absence of title in the plaintifi, by reason of the assignment made by him in favour of a thirdi party, it is enough to say that a valid title cannot be destroyed or cancelled by an invalid transaction. The effect of the decision in the former suit which is bin=-ding upon the present defendants who were parties thereto, was to place the parties to the assignment in the position they occupied before that transactim, and the defendants who sncceedal in getting the assignee's suit dismissed on the ground of the invalidity of the assignment, cannot now be allowed to set up the assignment as a valid transaction operating to extinguish the plaintifi"s rights as the creditor of defendants The plea of res judicata was not seriously urged in argument before us, and is wholly untenable. The ultimate decision in the previous suit was not upon merits, and the present plaintiff who appreared as one of the defendants in the former suit, could not. object to the dismissal of that suit. He does not claim through the plaintiff in the former case and all the legal requisites of a plea of res juclicata are thus wanting. We come next to the plea of limitation, and we confess to our entertaining doubts as to the soundness of the Z illah Judge-'s reasonings in support of his decision on the question, and we are not prepared to agree in the view that section 14 of the limitation Regulation which allows the exclusion from the limitation period of the time occupied in the prosecution of a former suit, is applicable to the case. It can hardly be held in the circumstances of this case that the present plaintiff was prosecuting his claim with due diligence in the previous suit in which he appeared...
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Product details

  • Paperback | 102 pages
  • 189 x 246 x 5mm | 195g
  • United States
  • English
  • black & white illustrations
  • 1236801660
  • 9781236801661