suit for
partition and declaration has been filed. Under Article
109 of the Limitation Act , the limitation for filing the
suit is 12 years from ... years of execution of the registered
settlement deed. Under Article 109 of the Limitation
Act , the suit has to be filed within 12 years from
suit is filed on 11.07.1996. Apparently,
under Articles 109 and 110 of the Limitation Act , the
suit is required to be filed within a period ... does not arise. The suit would
be barred by Article 109 of the Limitation Act insofar as
the plaintiff No.1 is concerned.
13. This
defendants,
counsel for the plaintiff submitted that the relevant articles of Limitation
Act as applicable to the facts of the present case are Articles 109 ... Limitation Act to urge
that it is Article 110 which is the relevant article applicable to a partition
suit and under the said Article
hereditary trustee the period of limitation is only 12 years.
Article 107 of the Limitation Act is extracted hereunder:
107. For possession of a Twelve ... Limitation Act .
In this connection, it is useful to extract Section 109 of the Act which reads
as under:
"109. Central Act
plaintiff ought to have filed
the suit under Article 109 of the Limitation Act . The suit filed by the
plaintiff is barred by limitation ... decree passed by the
Trial Court.
20. There is no limitation prescribed under the Act for
seeking partition of the property. The records clearly disclose
Limitation Act, 1963 ,
for short the "Act". Article 58 under Chapter III of the
schedule to the Act provides for limitation ... execution of Ex.D.1 fell
squarely within the limitation of 12 years under Article
109 and therefore, the finding in the affirmative on
Issue
courts below are right in
holding that Article 65 and 109 of the Limitation
Act is applicable as the suit is neither based on
title
question of suit
for partition,
having no limitation. If the variou
s articles
of Limitation Act do not appiLl to a
suit for
partition ... para -22 it is held under
old Article. 120,
which is equivalent to
Article. 113 of
Limitation Act, 1963 that the
starting point
of limitation
content of Article 21A flows from Article
45 (as it then stood). The 2009 Act has been enacted to give effect to
Article ... above reasons, since the Article 19(1)(g) right
is not an absolute right as Article 30(1) , the 2009 Act cannot be
termed
word ' appeal' in the third column of article 182 of the Limitation Act observed:
"There is no definition of appeal ... there was no appeal pending before the court. Article 182(2) of the Indian Limitation Act prescribes three years period of limitation for the execution
