that the plaintiffs' suit was for partition and for
partition suit, no period of limitation was prescribed
under the Limitation Act . He submitted that ... relation to a partition suit. The Apex Court
did not rule that partition suit was not subjected any
limitation period. The accrual of cause
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of limitation under Article 113 of the Limitation
Act and Section 6 read with Section 8 of the Limitation Act
would apply ... remand, the limitation for the suit would be governed
by Article 120 of Limitation Act, 1908. For a suit for
partition the starting point
relation to a partition
suit. The Apex Court did not rule that
partition suit was not subjected any
limitation period. The accrual of cause ... years period of
limitation under Article 113 of the Limitation Act
and Section 6 read with Section 8 of the Limitation
Act would apply
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 ... final decree is
passed, there is no question of limitation
running against right to claim partition as per
preliminary decree. No limitation is prescribed
learned appellate
Court did not touch the issue of limitation in its proper
perspective. The limitation is clearly applied to the facts of
the present ... partition, as the partition is an
incident attached to the property and it has running cause of
action, the party seeking that relief of partition
from the date of coming into force of the Limitation Act, 1963 , and which limitation would have expired in any case in January ... present case is Article 113 of the Limitation Act, 1963 , and the limitation of three years prescribed therein would commence from the accrual
present suit is filed after completion of
that limitation period. Hence, the relief of partition sought by
the plaintiff is barred ... Sale Deeds are registered Sale Deeds and the Partition
Deed is a registered Partition Deed. The delivery of the
possession was given to the respondent
case inasmuch as the
provisions of the limitation would vary on the various provisions of
the Limitation Act that may be applied during the arguments ... event, it is found that the Suit for partition then perhaps the
question of limitation may not arise, but if the Trial Court holds
otherwise
according to him,
there is no period of limitation prescribed in a suit seeking partition.
At the most, even if the provisions of Article ... barred by the provisions of Article 113 of the Limitation Act ,
which prescribes a limitation period of 3 years from the date when the
right
acre 16 cents. All the parties to the
registered partition deed acted upon the said partition deed.
That thereafter, further transaction took place and
Sarambee ... 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
