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Mrs. Harjeet Kaur vs The Commissioner on 14 March, 2014

Harjeet Kaur v. The Commissioner, MCD In Shri Amarnath Satya v. Shri Amar Nath Satya, (1994) 55 DLT 683, it has been held that the principle that the Court shall dismiss the suit, even if the defendant did not raise the raise of limitation, will apply only in cases where limitation is attracted on admitted facts or facts beyond controversy. The rule is not attracted when the plea of limitation is founded on such facts as are disputed without adjudication whereof the Court cannot determine whether the bar of limitation was attracted or not. In such a case, the party relying on the bar of limitation has to allege the facts, on proof whereof, the Court shall apply the bar of limitation.
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