another : 2004 (2)
SCC 747 highlighting the difference between Article 58 and Article 113
of the Limitation Act . He further submitted that Srinivasa Murthy ... this case was governed not by Article
58 of the Limitation Act but, if at all, by Article 113 thereof because there
is no specific
Coast Paper Mills Ltd. and Anr. highlighting the difference between Article 58 and Article 113 of the Limitation Act . He further submitted that Srinivasa Murthy ... this case was governed not by Article 58 of the Limitation Act but, if at all, by Article 113 thereof because there is no specific
contractor and, therefore, Article 18 of the Act may not be applicable, but the residuary Article 113 may be applicable. However, the Allahabad High Court ... altered circumstances does not come under Article 56 or Article 115 , but comes under Article 113. This decision has been relied upon by the learned
Railways Act,
1890. Therein this Court was considering the applicability of Article 113
vis-a-vis Article 58 of the Limitation Act, 1963 . In that ... when
the right to sue accrues." The distinction between
Article 58 and Article 113 is, thus, apparent
inasmuch as the right
trite law that it
is Article 113 that governs and therefore, the
period of limitation is three years from when the
right to sue accrues ... tortious act committed by the State and would,
hence, fall under Article 113 of the Limitation
Act . Reliance was placed on Jay Laxmi Salt Works
statute. Therefore, Article 72 of the
said Act has no application to the present case. Now, coming to Article 113 of
the said ... therefore, Article 72 would not be applicable in facts. Suit for
damages would be governed only by the residuary Article 113
further averred by the Plaintiffs that in consonance with Article 113 of the Limitation Act, 1963 , a counter-claim was to be treated ... Calcutta Municipal Corporation reported in AIR 2000 Cal.17, held that Article 113 of the Limitation Act would also apply to a counterclaim
specific period of limitation has been prescribed, therefore, as per Article 113 , the period of limitation is three years and since the suit has been ... false imprisonment. Article 74 provides for limitation for suit claiming compensation for malicious prosecution, Article 75 for libel and Article 76 for slander.
13. Learned
plaint and governed by the rules applicable to plaints, hence Article 113 of the Indian Limitation Act will be applicable for the reliefs claimed ... Order VIII, Rule 6A(4) of the C.P.C . and Article 113 of the Indian Limitation Act .
5. In reply to the arguments
windows opened by defendants in their houses is not barred under Article 113 of
the Limitation Act since the same amounts to continuous wrong ... prescribed under Article 120 of the Old Limitation Act which has been curtailed
to three years by similar Article 113 of the New Limitation
