establish, such receipt was wrongful within the meaning of Article 109 of the Limitation Act . This Article prescribes for a suit for the profits ... wrongfully received by the defendant within the meaning of Article 109 of the Limitation Act . It is not necessary to enter into this question
years before suit as that remedy would be barred by Article 109 , Limitation Act . That is all that the case is an authority ... case of limitation, where the question arose whether Article 109 of the Limitation Act was applicable to a suit for mesne profits where possession
framed is not barred by limitation as in its view neither Article 56 nor Article 58 of the Limitation Act of 1963. On the appeal ... arguments, he has also made reference to Article 109 of the Limitation Act . In this connection, he would submit that in a Hindu joint family
limitation in the present case is governed by Article 109 of the Limitation Act , as member of the family is challenging alienation by father. Section ... respect of these two documents is barred by limitation as per Article 59 of the Limitation Act .
12. As far as court fee is concerned
contended that the correct and appropriate article applicable to the suit is Article 105 of the Limitation Act which provides for the suit ... under Article 48 or 49 of the Act of 1877 or was within time being governed by Article 145 of the Act. Article 48 provided
date. In respect of the mesne profits he says that Article 109 , Limitation Act , applies and in respect of interest Article 120. He further contends ... equivalent to a suit for the purposes of Section 3 , Limitation Act, which applies the articles of the Act to all suits. That
limitation to file a suit for recovery of possession the mortgagor would be exposed to the risk of a plea of limitation under Article 109 ... contended that the correct and appropriate Article applicable to the suit is Article 105 of the Limitation Act which provides for the suit
long period and therefore, the Suit is hit by
Article 109 of the Limitation Act, 1963 . Further, the burden of proof to
prove surplus income ... further case is that the Suit is barred under Article 109 of
the Limitation Act, 1963 as D10 and D11 were placed in possession
suit is not barred
by limitation in view of Article 109 of the Limitation Act, 1963 ; the
possession is still with the plaintiffs ... filed within 12 years as prescribed Article
108 of the Act. But in order to invoke Article 109 of the Act, the minor son
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dated 24.12.1996 within a period of three years. Article 58 of
the Schedule to the Limitation Act, 1963 prescribes the period of limitation
of three ... residuary article governing all those suits for
declaration which are not specifically governed by any other articles in
the Limitation Act . Article 109
