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…Chacha does not apply to this case since the 2nd Defendant does not ask that the plaint be struck out. His argument simply is that the suit has been filed out of time, and is barred by the Limitation of Actions Act.…

…raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against conviction was incompetent, invalid and could not lie and must therefore be struck…

…out.…