Article 32 and not by Article 120 of the Limitation Act, 1908. Article 120 of the Limitation Act, 1908 corresponds to Article 113 ... specific Article providing for limitation for such a suit, it would be governed by residuary Article 120 equivalent to Article 113. This plea was rejected
Article
58 of Limitation Act , is sustainable in view of the facts of
the case?
(8) Whether Article 113 of the Limitation ... arguments that Article 58 of Limitation Act governs the period of
limitation for filing this suit and not Article 113. The Courts below have
dealt
Limitation Act . The residuary article is applicable to every variety of suits not otherwise provided
for Article 113 (corresponding to Article ... accrues. Under
Article 120 it was six years which has been reduced to three years under Article
113."
5. The apex Court went
debate with regard to the applicability of Article
58 and Article 113 of the Schedule attached to the 1963 Act, however, in this
batch ... Limitation Act . The residuary article is
applicable to every variety of suits not otherwise provided for.
Article 113 (corresponding to Article
Limitation Act . The
residuary article is applicable to every variety of suits not
otherwise provided for. Article 113 (corresponding to
Article ... accrues. Under Article 120 , it was six years which has
been reduced to three years under Article 113. According
to the third column in Article
Limitation Act . The
residuary article is applicable to every variety of suits not
otherwise provided for. Article 113 (corresponding to
Article ... accrues. Under Article 120 it was six years which has
been reduced to three years under Article 113. According
to the third column in Article
Limitation Act . The
residuary article is applicable to every variety of suits not
otherwise provided for. Article 113 (corresponding to
Article ... accrues. Under Article 120 it was six years which has
been reduced to three years under Article 113. According
to the third column in Article
Reliance has
been placed upon the provisions of Section 23 and Article 113 of the
Limitation Act, 1963 (hereinafter referred to as 'the Limitation ... computed from the time when the injury results."
Further Article 113 of the Limitation Act states as under:-
" Article 113-- If the payment
learned counsel for the appellants was that in the present case Article 113 Limitation Act, 1908 (hereinafter referred to as the Act) was applicable which ... that the case would be governed by Article 116 or Article 143 and not by Article 113. The said articles are also reproduced below
that in the
present case, the suit would be governed by Article 113 of the Schedule attached
to the Limitation Act . He further contends that ... happening of any specific event. Articles 58 , 59 and 104 are distinct in language
to Article 113.
In the considered view of the Court