RAMESHWARLAL versus MUNICIPAL COUNCIL, TONK AND ORS.

RAMESHWARLAL versus MUNICIPAL COUNCIL, TONK AND ORS.

Petitioner is entitled to the exclusion of the entire time spent prosecuting the writ petition in the High Court and Supreme Court under Section 14 of the Limitation Act, 1963, allowing him to file a civil suit for recovery of salary after issuing notice to the municipality within four weeks and filing suit within two months thereafter.

Parties
Petitioner: Rameshwarlal; Respondents: Municipal Council, Tonk and Ors.
Jurisdiction
India
Judgment Date
27 August 1996
Procedural Posture
Special Leave Petition (civil) / Disposition
Outcome
Petition disposed of
Legal Topics
Enlargement of Limitation Period, Exclusion of Time, Salary Claim, Application of Section 14
Civil Procedure Limitation Enlargement of Limitation Period Exclusion of Time Salary Claim Application of Section 14

Case Brief

Summary, issues, holding and outcome

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Parties

Rameshwarlal

Petitioner

Municipal Council, Tonk and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Disposition

Legal Issues

  1. 1 Whether time spent prosecuting writ proceedings in High Court and Supreme Court should be excluded under Section 14 of the Limitation Act for the purposes of filing a civil suit
  2. 2 Whether petitioner can seek arrears of salary via civil suit after dismissal of writ petition on discretionary grounds

Ratio Decidendi

Petitioner is entitled to the exclusion of the entire time spent prosecuting the writ petition in the High Court and Supreme Court under Section 14 of the Limitation Act, 1963, allowing him to file a civil suit for recovery of salary after issuing notice to the municipality within four weeks and filing suit within two months thereafter.

Court Disposition

Petition disposed of

Orders

  • Petitioner permitted to issue notice to Municipality within four weeks
  • Petitioner permitted to file suit within two months thereafter