Plaintiff contends that the relevant article in the Schedule
to the Limitation Act, 1963 (the Limitation Act ) is Article 113. As per Article
113 ... 113 is
not the relevant article in the Schedule to the Limitation Act . The Defendant
states that Article 113 applies only if no other article
Plaintiff contends that the relevant article in the Schedule
to the Limitation Act, 1963 (the Limitation Act ) is Article 113. As per Article
113 ... 113 is
not the relevant article in the Schedule to the Limitation Act . The Defendant
states that Article 113 applies only if no other article
pertains to
limitation. The plaintiff submitted that the only applicable article is
Article 113 of the Limitation Act, 1963 (the Limitation Act ) which
specifies ... that Article 113 is the
applicable article should be examined first. The settled legal position
is that Article 113 applies only if no other article
claimant is not
governed by Article 14 (Schedule I) of the Limitation Act, but the residue
provision Article 113 , vide which the suit for which ... schedule. Therefore, unless a finding is recorded that
Article 18 does not apply, Article 113 cannot apply. I do not see any reason
that the suit claim was barred by limitation. Article 18
would not apply. Only Article 113 would apply and limitation
would start only ... three years, but under Article 18 it
begins to run when the work is done and under Article 113 it
begins to run when
pertains to
limitation. The plaintiff submitted that the only applicable article is
Article 113 of the Limitation Act, 1963 (the Limitation Act ) which
specifies ... that Article 113 is the
applicable article should be examined first. The settled legal position is
that Article 113 applies only if no other article
pertains to
limitation. The plaintiff submitted that the only applicable article is
Article 113 of the Limitation Act, 1963 (the Limitation Act ) which
specifies ... that Article 113 is the
applicable article should be examined first. The settled legal position
is that Article 113 applies only if no other article
100130/2021
premature. Under the facts and circumstances of the case,
Article 113 of the Limitation Act applies and not Article 54
of the said
mistake and,
therefore, such suit would be governed by
residuary Article 113 of the Schedule to the
1963 Act. Under Article ... accrual of cause of action. In other words,
although Article 113 provides that limitation
period of three years would begin to run
from the date
occasion to examine the expression used in
Article 58 in contradistinction to Article 113 of the 1963 Act. We
may advert to paras ... when
the right to sue accrues". The distinction between Article 58
and Article 113 is, thus, apparent inasmuch as the right
