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
suits are
different. He also drew our attention to Article
109 of the Limitation Act, 1963 , which reads as
follows:
109.
By a Hindu governed ... have a different period of
limitation. We are of the view that, that the
period of limitation under Article 109 is
different from the period
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
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
within the period of limitation as provided under Article 109 of the
Limitation Act , according to him, no relief of partition could be
granted ... outlined
in the decision is as follows:
Limitation Act (1963), Article 109 / Alienation by father in
respect of the ancestral property within the period
alienation of her father in the year 2015. Article
109 of Limitation Act 1963 provides the period of twelve years
to challenge the alienation ... challenging the alienation of her father squarely falls under
Article 109 of Limitation Act .
32. Under Ex.D.14 the possession of the property
Even if the plaintiff
could rely upon Article 109 or other provision of the
Limitation Act, 1963 and claim a higher limitation
period ... decided after
examining, in the context of the relevant article of the
Limitation Act 1963, the applicable limitation period
within which the plaintiff
Indian
Limitation Act, 1908, Schedule I, Article 141 ),
and of movable property, within six years from that
date.
Now see Articles 65 , 109 ... limitation being 12 years, it ran out in 1950. With the
running out of the period of limitation prescribed under the
Limitation Act
Act , applies then
only the plea of adverse possession can be taken, whereas, Section 109
of the Act specifically excludes the application of Limitation Act ... Limitation Act 1963, the plea of adverse possession
can be taken. Since Section 109 of the Act, excludes the application of
Limitation Act
Indian Succession Act . The question here is
whether Article 60 or Article 113 of the Limitation Act is
applicable? From a plain reading ... Article 113?
Is it possible to say that limitation has to be reckoned from
date of knowledge?
8. Article 60 of the Limitation Act states
