excess amount was governed by Articles 9 & 26 of the
Schedule to the Limitation Act and Article 113 can be invoked only when
there ... enquiry as to
which Article of the Schedule to the Limitation Act governs the suit, has
drawn attention to Article 113 which provides limitation
money, time for repayment
whereof had been agreed. The residuary Article 113 (equivalent to Article
120 of the 1908 Act) was held not applicable ... loan within the meaning of Article 19
and held that such cases would be governed by the residuary Article 113
with the cause of action
appellant / plaintiff between January, 2000 till June, 2000;
(ix) that under Article 113 of the Limitation Act, 1963 the period of
limitation to file ... extends the period of limitation of three years under Article 113 of the
RFA No.579/2006 Page 11 of 21
Limitation
paid, to be falling in
any of the Articles. It will thus be the residuary Article 113 , in which the
suit will fall, and which ... made to Shri Vallabh Glass Works Ltd supra laying down
that Article 113 is applicable to a suit for recovery of excess duty paid
trial; it was held that the period of three years
under Article 113 of the Limitation Act for suing for partition would commence from
Skins Company Pvt. Ltd. 2012 (186) DLT 290 to contend that
Article 113 of the Schedule to the Limitation Act, 1963 would apply ... open, current and non-mutual account, the residuary
Article vis Article 113 would apply and the period of three years would
begin running from
other specific Article of the Schedule to the Limitation Act and is to
be thus governed by the residuary Article 113. It was reasoned that ... International Textile
Machinery Exhibitions Society (2013) 199 DLT 40, also held Article 113 to
govern a suit for refund of earnest money.
31. That brings
specific Article providing for limitation for a suit for recovery of
mesne profits / damages for use and occupation. Thus the residuary
Article 113 providing limitation ... monthly or
annual basis and not on a daily basis. Applying Article 113 of the
Schedule to the Limitation Act , the limitation for filing
Article 62 of the Schedule to
W.P.(C) No.3821/2014 Page 3 of 14
the Limitation Act, 1908 corresponding to Article ... benefit to which the petitioner claimed to be entitled; (iv) thus Article 113 of
the Limitation Act, 1963 would apply and as per which
Articles of the Schedule to the Limitation Act provides
for a suit for partition. In the absence of any specific Article, the residuary
Article 113
