Amrit Pal Kaur vs Gurshran Kaur on 19 October, 2024
10. Firstly, it is a well settled position of law that there is no limitation
period prescribed under The Limitation Act, 1963 for seeking the relief of
partition, unless a case for ouster is made out and there is no compulsion on the
heirs of a common predecessor to seek partition. Reference can be made to the
judgment passed by Hon'ble Apex Court in Vidya Devi Vs. Prem Parkash,
(1995) 4 SCC 496 and Swatantra Suneja Vs. Anil Kumar and Others, CS(OS)
352/2016, Hon'ble Delhi High Court. So, in view thereof, the present suit for
partition is not time barred as per the provisions of The Limitation Act, 1963.