substantial question of law relates to whether
Articles 56 to 58 or Article 109 of the Limitation Act 1963 apply to
the present case. Article ... committed an error in applying Articles 56 to
58 instead of Article 109 of the Limitation Act .
34. The second substantial question of law pertains
suit is within the period of limitation as
required under Article 109 of the Limitation Act ?
9. The records would indicate that though the fourth ... suit
is filed within the period of limitation as contemplated under
Article 109 of the Limitation Act , the same is answered in the
affirmative against
Dave
for the respondentsplaintiffs relying upon the
Article 109 of the Limitation Act submitted that
the suit was filed within the prescribed period ... bring the
suit within the period of limitation under
Article 109 of the Limitation Act . The cause of
action mentioned in the Para
Act and who seeks possession of
property can file the Suit only within the limitation prescribed
under Article 60 of the Act and Articles 109 ... Trial Court erred in
applying Article 109 of the Act, where Article 109 of the Act
clearly speaks about alienation made by father governed
that Article 58 would be
attracted in the face of Articles 109 and 110 of the Schedule to the
Limitation Act, 1963 , which are directly ... opinion of this court, it is Article 109 of the
Schedule to the Limitation Act , which would apply in the present
: 14 :
circumstances
Learned counsel
for the petitioners submitted that having regard to
Article 109 of Limitation Act, 1963 the suit is barred by
Limitation, that limitation period ... said application is
7
rejected. No doubt under Article 109 of the limitation
Act, a period of twelve years is the period prescribed for
assailing
Act and who seeks possession of property can
file the Suit only within the limitation prescribed under Article
60 of the Act and Articles 109 ... Trial Court erred in
applying Article 109 of the Act, where Article 109 of the Act
clearly speaks about alienation made by father governed
argued as below:-
a) Suit is not time barred. Article 109 of the
Limitation Act is applicable. Since the suit is for
partition, questioning
before
this Court have contended that Section 8 of the Hindu
Succession Act, would be inapplicable but it would be
Section 6 . At this stage ... whether the suit is barred by
limitation in view of Article 109 of the Limitation Act,
1963 . Even this aspect cannot be gone at this
limitation as the
period of limitation for the relief sought by the plaintiff is to be
calculated as per Article 56,65,109 ... provision of Schedule of Limitation Act, 1963 the
period for limitation for relief for declaration is 3 years under Article
56 from the date when
