Article 113 of the
Limitation Act and the limitation period prescribed is three years. They
further submitted that the limitation would start from the date ... claim/suit for
partition or possession within the statutory limitation period. The relief of
partition claimed by the plaintiffs was thus, according to them, barred
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 ... Limitation Act or Article 137 of the new Limitation Act and on that ground the said application was dismissed as barred by limitation, what happens
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 ... Limitation Act or Article 137 of the new Limitation Act and on that ground the said application was dismissed as barred by limitation, what happens
Defendants submits that the
Plaintiff is not entitled to partition.
9. The issue of limitation is required to be decided first. In the plaint ... remand, the limitation for the suit would
be governed by Article 120 of Limitation Act, 1908.
For a suit for partition the starting point
barred by limitation, cannot be countenanced and there is no bar of limitation as far as the suit for partition and the same could ... limitation, as according to him, there is no limitation for laying the suit for partition against the co-owners.
20. However, the abovesaid contention
been sought as null and void. The suit had
been instituted for partition.
The trial court had framed various issues and after
evaluating the evidence ... regarding
limitation.
It is well settled principle of law that limitation applies vis
a vis cause of action. In the suit for partition, limitation does
hardly arises
in such situation. Similarly there cannot be any
limitation for a partition suit, even according to 1st
defendant, all the co-sharers ... possession hardly arises in
such situation. Similarly there cannot be any
limitation for partition suit more particularly because
even according to the averments made
Their
suit maintainable.
D. Limitation Act, 1963 -Article 110-Suit
for partition-Limitation-Ouster of a
member-Suit to be filed within twelve
years from ... deceased member not
barred by limitation.
E. Limitation Act, 1963 -Articles 74 and
75-Adverse possession-Plea in partition
suit-Is different from other suits
Trial Court.
12. The question as to whether limitation applies in a partition suit is no
longer res-integra. In Amrit Kaur v. Sarabjeet Singh ... Judge of this Court had held that the law of limitation applies in
a partition suit and a suit filed after 19 years from
plaint is barred by law of limitation?
6)Whether the plaintiffs are entitled for the relief of partition and
consequential reliefs sought in the suit ... that suit is barred by the law of limitation.
43.Ex-B2 is the original partition deed, dated 31.12.1942. The document
runs to 59 separate
