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
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
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
alienation.
Alienation by Karta; Section 3 and Article 109 of
Limitation Act
19. The material on record clearly
demonstrates that Survey No.703 has undergone ... limitation. Where the bar
of limitation appears on the face of the proceedings,
the Court is bound under Section 3 of the Limitation
Act
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
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
appellate court in dismissing their
suit for partition under Article 109 of the Limitation Act .
RSA.No.2097/2005 is by plaintiff ... framed with reference to suit being hit
by Article 109 of Limitation Act in the affirmative, thereby
affirming the judgment rendered by the lower appellate
Relief Act . The contention of Mr. Savanur is that Article 109 of the Limitation Act would be applicable to the present cases and not Article ... years will be barried by limitation. No question as to what Article of the Limitation Act would apply in a suit for restitution came
point of limitation.
23. The Madhya Pradesh High Court had an
occasion to consider the starting point of limitation
under article 109 of the limitation ... Act of 1963 (corresponding to
Article 120 of the Act of 1908) the said cases did not
deal with the applicability of Article 109
