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
alienee's suit for partition must be one
for partition of the entire property and not for the partition of any
specific item ... months as per Article 65 of Limitation
Act, 1963 . However Article 65 of Limitation Act, 1963 prescribed
limitation period of 12 years from the date
Partition deed is not binding upon them.
As the partition deed was nominal, it was not acted upon
according to the conditions of partition. Partition ... parties to the
registered partition deed and even otherwise it was a nominal
partition deed, the parties to the partition deed are even after
execution
suit is barred by
limitation. As far as limitation is concerned Article 65 and Article 110 of the
Limitation Act may be applicable ... within 12 years and hence
suit is filed within limitation.
11. The limitation can be analyzed in another angle. It is an admitted fact
that
suit is barred by
limitation. As far as limitation is concerned Article 65 and Article 110 of the
Limitation Act may be applicable ... within 12 years and hence
suit is filed within limitation.
11. The limitation can be analyzed in another angle. It is an admitted fact
that
Lower Appellate Court is right in
allowing the suit for partition without considering the
limitation to file the present suit and pleading ... dated 02.11.1955 admitting ouster and
dispossession is barred by limitation and the relief of partition
would not be available?
15. In Nirmal Chandra
suit is barred by
limitation. As far as limitation is concerned Article 65 and Article 110 of the
Limitation Act may be applicable ... within 12 years and hence
suit is filed within limitation.
11. The limitation can be analyzed in another angle. It is an admitted fact
that
Article 69 and 110 of the Schedule to Limitation
Act , the period for limitation for partition is three years and twelve years
respectively. From ... Articles 69 and 110 of the Schedule II Limitation Act ,
the right to sue for partition arises from the day when the cause of action
only dismissed the suit based on the issue of limitation. In the
partition suit the cause of action is recurrent cause of action and
hence ... barred by limitation. Since the suit is barred by limitation the
plaintiffs are not entitled to the relief of partition . According to the
plaintiff
counsel for the petitioner would
submit that suit for partition is hopelessly barred by limitation and also
on the ground of misjoinder of proper ... barred by
limitation because once the limitation starts running, it will not stop and
having issued a notice on 12.03.2014 seeking partition, the subsequent
suit
