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
causes of action in one suit. The
suit was originally filed seeking partition of the estate left behind
by Late Shri D.P. Goyal ... dismissed.
15. It has further submitted that the suit is barred by limitation,
particularly in so far as it relates to the estate of Late
causes of action in one suit. The
suit was originally filed seeking partition of the estate left behind
by Late Shri D.P. Goyal ... dismissed.
15. It has further submitted that the suit is barred by limitation,
particularly in so far as it relates to the estate of Late
Limitation Act to state that the present suit is barred
by limitation. However, Article 5 of the Limitation Act deals with suits for
account ... rendition of account is a consequential relief of the said partition.
Limitation to file a suit for partition starts from the ouster of a party
Article of the Schedule to the Limitation Act, 1963 which
prescribes the limitation for a suit for partition.
23. None of the Articles ... extinguished. A
cause of action for a suit for partition would accrue only
when partition is claimed and is denied or when the
plaintiff
barred by law of
limitation? OPD-1
2. Whether the plaintiff is entitled for the decree of partition,
as prayed for? OPP
3. Whether ... limitation. Thus, the present case shall be dismissed.
16. Issue-wise findings:
Issue no. 2
Whether the plaintiff is entitled for the decree of partition
Article of the Schedule to the Limitation Act, 1963 which
prescribes the limitation for a suit for partition.
23. None of the Articles ... extinguished. A
cause of action for a suit for partition would accrue only
when partition is claimed and is denied or when the
plaintiff
seeking partition by one of the cosharers. However,
the limitation for suit for partition would be governed by
Article 65 of the Limitation Act only ... partition because
partition is an incident attached to the property and
there is always a running cause of action for
seeking partition
limitation period.
24. On other hand, Ld. Counsel for defendants has argued that Smt.
Karmawali expired on 28.08.1972. Thus, the limitation for seeking
partition ... partition because partition is an incident attached
to the property and there is always a running cause of action for
seeking partition
that the suit is hopelessly barred by limitation in as much as the
limitation to file partition suit is three years. The defendant ... hopelessly barred by limitation in as
much as the period of limitation for filing the suit for partition is three
years.
21. Per contra
