ITTAVIRA MATHAI versus VARKEY VARKEY AND ANOTHER

ITTAVIRA MATHAI versus VARKEY VARKEY AND ANOTHER

If a suit is barred by limitation but decreed by a competent court, the decree cannot be treated as a nullity and may only be set aside in appeal. Possession by a receiver during s. 145 CrPC proceedings ensures benefit for the successful party and affects limitation computation. No vested right exists for an appeal to be heard by a specified bench, and legislative changes can abrogate such procedural rights.

Parties
Appellant: Ittiyavira Mathai; Respondent: Varkey Varkey and Another
Jurisdiction
India
Judgment Date
15 January 1963
Procedural Posture
Civil Appeal / Appeal by Certificate From Travancore Cochin High Court
Outcome
Appeal dismissed
Legal Topics
Limitation, Appeals, Receivership, Benami Transactions, Execution of Decrees, Number of Judges Hearing Appeals
Civil Law Limitation Appeals Receivership Benami Transactions Execution of Decrees Number of Judges Hearing Appeals

Case Brief

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Parties

Ittiyavira Mathai

Appellant

Varkey Varkey and Another

Respondent

Procedural Posture

Civil Appeal / Appeal by Certificate From Travancore Cochin High Court

Legal Issues

  1. 1 Whether decree obtained in O.S. No. 59/1093 was a nullity due to being barred by limitation
  2. 2 If limitation not raised in High Court, can it be entertained in Supreme Court
  3. 3 Effect of receiver's possession on limitation

Ratio Decidendi

If a suit is barred by limitation but decreed by a competent court, the decree cannot be treated as a nullity and may only be set aside in appeal. Possession by a receiver during s. 145 CrPC proceedings ensures benefit for the successful party and affects limitation computation. No vested right exists for an appeal to be heard by a specified bench, and legislative changes can abrogate such procedural rights.

Court Disposition

Appeal dismissed

Orders

  • Decree of High Court affirmed
  • No order as to costs