Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation Act 1963 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Limitation Act, 1963 (36 of 1963) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Limitation Act, 1963 – Art.65 – Applicability of – Appellants plaintiffsfiled a civil suit against the respondents-defendants inrelation to a property – Trial Court held all the issues including theissue of limitation in favour of the plaintiffs and decreed the suit –However, the High Court reversed the finding on the issue of thelimitation and dismissed the suit of plaintiff on the ground oflimitation, as suit was for declaration and consequential injunctionand, therefore, it was governed by the period of 3 years limitation –On appeal, held: High Court was factually not correct in observingthat the suit was filed for declaration and injunction only and ‘notfor possession’ – The plaint showed that the plaintiffs had alsoprayed for decree of possession of the suit property from thedefendants – Furthermore, the suit property was also the subjectmatter of the proceedings u/s.145 Cr.P.C., where both parties wereclaiming their right, title and interest including possession over thesuit property against each other, and suit property was attached bythe City Magistrate by order dated 23.12.1966 – Art. 65 of the Actprovides limitation of 12 years for filing the suit which is to becounted from the date when the possession of the defendant becomesadverse to the plaintiff – Art.65 was applicable and the Plaintiffsrightly filed the civil suit on 19.12.1978 within 12 years from thedate of attachment order dated 23.12.1966 – Thus, order of thetrial Court holding that the suit was filed within limitation is restored– Code of Criminal Procedure, 1973 – s.145. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 840 |
Petitioner | Ghewarchand And Ors. |
Respondent | M/s Mahendra Singh And Ors. |
SCR | [2018] 11 S.C.R. 738 |
Judgement Date | 2018-09-20 |
Case Number | 5870 |
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