even if three years period under
the residuary Article 113 is calculated from the date of certification i.e.
23.06.2000 then also the three years ... would be clearly within the three years period of limitation
under Article 113 of the Limitation Act . Counsel for the plaintiff also
submitted that Article
Article 73 of the Limitation Act , as the case of the plaintiff is covered in Article 113 of the Limitation Act . As per Article 113 ... seen that Article 73 prescribes one year period of limitation for filing a suit for compensation for false imprisonment, whereas Article 113 prescribes three years
counter-claim on the ground of being time barred
under Article 113 of the Limitation Act .
3. On consideration of the rival contentions, order dated ... counter-claim would
be governed under Articles 64 and 65 , and not under Article 113 , of the
Limitation Act .
6. In reply it was contended
ground
of limitation, as the suit is barred in terms of Article 113 of the
Limitation Act (hereinafter referred ... such, the appropriate Article
under the above limitation Act would be Article 65 and not Article
113. It was accordingly submitted that the court below
under Articles 109 & 110 of the
said Act,
there is alwaiis residuarq Articl
e under
(
CRP.No.282 OF 2011
Article 113 , which shall ... para -22 it is held under
old Article. 120,
which is equivalent to
Article. 113 of
Limitation Act, 1963 that the
starting point
of limitation
cause of action, which is barred by limitation
as provided under Article 113 of the Indian Limitation Act,
1963 . A Division Bench of this Court ... Chief Engineer within a
period of three years as provided under Article 113 of the
Limitation Act . Learned counsel for the applicants in
support
governed by
CS(OS) 1385/2011 Page 6 of 11
Article 113 of Limitation Act , which prescribes a limitation period of three years
from ... metes and
bounds. The right to sue in terms of Article 113 of Limitation Act did not accrue to
the plaintiffs merely on account
time period of three years as prescribed under the residuary Article 113
of the Limitation Act came to an end from the date of filing ... relevant articles of Limitation
Act as applicable to the facts of the present case are Articles 109 and 110
and not Article 113. Counsel thus
schedule of the Act, would come under the purview of Article 113. For filing such suit, the period of three years is given as limitation ... This proposition of law with regard to the distinction between Article 58 and Article 113 of the Act has been laid down in Union
case and the relevant clause
that applies would be Article 113 , the residuary clause.
According to the learned counsel, the right to sue accrued ... Krishna Prasad submits that he agrees with the
proposition that Article 113 alone applies to the facts and
circumstances of the case and not Article
