agent of the others; but neither Article 62 , nor Article 127 , nor Article 109 were applicable. Dealing with the applicability of Article 109 , which ... limitation prescribed by Article 120. He observed that the parties were clearly in the position of co-owners. He referred to Col. (1), Article 109
that the said suit is within limitation in terms of
Article 65 of the Limitation Act .
Relevant Articles for the decision of the present appeal ... where the alienee never gets possession, no limitation can arise under
Article 126 of the Limitation Act, 1908. In the present case, the alleged
alienee
from the date of
obtaining the RTC and therefore, Article 109 of Limitation
Act is not applicable. In support of his arguments, the
learned counsel ... also pertaining to the year 2003. As
per Article 109 of Limitation Act , the suit would have to be
filed within 12 years
father), shorter period of limitation of three years is
prescribed.
25) Since the period of limitation prescribed under Article 109
is longer and more beneficial ... prescription of the time from which limitation
starts running in suits governed by Article 59 of the Limitation Act .
Since Article 59 of the Limitation
father), shorter period of limitation of three years is
prescribed.
25) Since the period of limitation prescribed under Article 109
is longer and more beneficial ... prescription of the time from which limitation
starts running in suits governed by Article 59 of the Limitation Act .
Since Article 59 of the Limitation
holding that it is
barred by limitation. It was of the opinion that
Article 60 of the Limitation Act is applicable to
the suit ... appellate Court was of the
opinion that it is Article 109 of the Limitation Act
6 RSA 434/10
which is applicable and therefore
excluding the other joint family members without
applying the Article 109 of Limitation Act ?
15
(2) Whether first Appellate Court is right in applying ... Act 1963 apply to
the present case. Article 56 to 58 reads as under:
Article Description of suit Period of Time from which period
Limitation
Article 59 of the
Limitation Act has no application. Article 109 of the Limitation Act
applies to the case. The suit was filed within ... donor.
18. Limitation for filing a suit in a case of this nature is
governed by Article 59 of the Limitation Act
that suit is
not filed in time as per Article 109 of Limitation Act and the plaint is
cleverly drafted with an intention to file ... suit is for partition barred
by limitation, the trial court has considered Article 58 of the
Limitation Act that the suit is required
109
and not under Article 60. But, the Trial Court committed an error
in invoking Article 60 of the Limitation Act . The counsel would
submit ... suit only
within the limitation prescribed under Article 60 of the Act and
Articles 109 , 110 or 113 of the Act are not applicable
