instituting the partition suit is a recurring one and till the time the co-
sharer choses to keep the property undivided, the limitation period
cannot ... legislature has not the prescribed any period of limitation for filing
the suit for partition and since it is a recurring cause of action
remand, the limitation for
the suit would be governed by Article 120 of the Limitation Act,
1908. For a suit for partition the starting point ... Article 120 of the Limitation Act, 1908 (now Article 113 of
the Limitation Act, 1963 ) would be applicable to a Partition Suit like the
present
limitation for such
suit against other co-bhumidhar/s. Thus, when no period of
limitation is fixed for filing a suit for partition ... partition becuase partition
is an incident attached to the property and there is always
a running cause of action for seeking partition
that even if the plaintiff's had any right to partition, limitation commenced from the date of mutation in 1822, and their claim ... Subordinate Judge held that the plaintiffs' suit was not barred by limitation, and concluded a sound and able judgment in the following words
Article 113 of the Limitation Act and as defined under Section 2(j) of the Limitation Act, limitation would be applicable in such kind ... contended by the respondent that for a suit for partition limitation does not apply. The parties are co-owners of the property they have
decree is passed, there is no question
of any limitation running against right to claim partition as per
preliminary decree. Even when application is filed ... held that until final decree is passed
in a partition suit, limitation will not come into play because the suit
continues, till final decree
question of limitation. Relying upon Article 58 of the Limitation Act, 1963 , it is argued that the suit is barred by limitation ... Lordships of the Judicial Committee were considering the question of limitation in a partition suit and held that mere denial of the right
learned Senior Counsel for the appellant that there is no
limitation for partition as it is recurring cause of action. It has further been
argued ... suit was filed well within time or there is no limitation for partition has no
force. We also do not agree with the contention
tried to
bring the suit within the law of limitation,
which is otherwise barred by limitation.
3.4 Relying upon the decision of this Court ... nothing but a clever drafting
to get out of the limitation. If partition deed
dated 11.03.1953 was to be challenged which
as such, the plaintiffs
barred by limitation. No previous application for execution having been made, the period of limitation provided by Article 182 o£ the limitation Act is three ... Judge has held that in the case of a decree for partition limitation runs from the date on which the Court receives the requisite stamped
