proposition that the law of limitation is very much applicable to
final decree petitions in mortgage suits unlike in partition suits. To a contention made ... residuary Article 137 of the Limitation Act, 1963 (the Act
for short) which provides a period of limitation of three years; that as such
right
never claimed share and the right of reopening of the partition has lapsed by limitation.
4. We have considered the rival submissions. There ... Merely because the wife did not sue for partition though 17 years had passed after the partition, no inference can be drawn against
suit is collusive, there was no question of family partition as contended by the revenue. Then there can be no gift in case they rely ... refused on 30-1-1971 that no partition has taken place.
5. That the suit is within limitation as the defendant has refused to effect
there was no partition to
distinguish identity of respective units. It is pleaded that
present consumer complaint is barred by limitation. It is
pleaded that ... within
one premises consisting of one Hall room and there was no
partition to distinguish identity of respective units. There is
recital in affidavit that
opinion, the Tribunal
has no power to extend the period of limitation on equitable grounds and it is well
established principle that the appellate authority ... under :
" Limitation Act (36 of 1963) S.5 - Condonation of delay -
"Sufficient cause" - Suit for declaration, partition and possession filed relying
upon
under:
" Limitation Act (36 of 1963) S.5- Condonation of delay -
"Sufficient cause" Suit for declaration, partition and
possession filed relying upon ... sufficient cause for not making the application
within the period of limitation no doubt is to be applied in a
reasonable manner but depending upon
under:
" Limitation Act (36 of 1963) S.5- Condonation of delay -
"Sufficient cause" Suit for declaration, partition and
possession filed relying upon ... sufficient cause for not making the application
within the period of limitation no doubt is to be applied in a
reasonable manner but depending upon
under:
" Limitation Act (36 of 1963) S.5 - Condonation of delay -
"Sufficient cause" - Suit for declaration, partition and possession
filed relying upon ... sufficient cause" for not making the application
within the period of limitation no doubt is to be applied in a reasonable
manner but depending
Suit No.
2167/1993) before the Hon‟ble Court of Delhi for partition, rendition of account,
declaration that the lease deed between Smt. Abnash Kaur ... Kaur that the reliefs prayed for in the Suit were barred by limitation by
an order dated 7.4.2008, and aggrieved by the said rejection
right to claim a partition, Her right is limited only to a share, if a partition takes place. Since the partition had not taken place ... claim partition in the same manner as a coparcener. On the death of Surajmal, his interest devolved on the assessee. The limitation on her right
