earlier suit and the decree in the earlier suit was obtained fraudulently because the suit was barred by time. Mr. Goswami, referring the statements made ... defendants in the earlier suit, can maintain a subsequent suit for declaration that the earlier suit was barred by time and hence, the decree passed
suit or proceedings of
particular kind gets expired then such suit, etc.,
would become barred by limitation. Section 3 at the
same time says that ... partition suit, no period of
limitation is prescribed under the Limitation Act,
1963 , the plaintiffs' suit could not be held as time
barred
time barred appeal. A time barred amendment of the plaint cannot be allowed, if by the time the cause of action in the amended suit ... between a time barred suit and a time barred appeal. The delay in filing a time barred suit cannot be condoned under the Limitation
summary suit. One suit is a suit for the amount? due upon a dishonoured cheque. The other suit is a suit upon a loan ... file the suits as summary suits. If the Court came to the conclusion that the suits were barred by limitation as summary suits, it would
restitute the shares to
him) the reliefs of declarations are hopelessly time barred (suit having
been filed in May - July 1991). Even if this Court ... limitation.
14. To sum up, this court holds that this suit is time barred.
15. In order to bring about a completeness to this judgment
suit
102
on the hypothecation bond executed by Ittiyavira in favour
of Ramalinga Iyer was a nullity because the suit was barred
by time. Even ... their suit with due diligence
and in good faith in the court of the Munsiff. Had
504
the suit been barred by time when
within
three years before the filing of the suits, their suits
could not be barred by time. If the causes of action did not
arise ... Alla within 3
years of the filing of the suit. Suits are therefore time
barred.
257
Sections 107 and 108 of the Evidence
suit. While considering the issue with respect to the suit being barred by limitation, the trial court has concluded that the suit has not been ... root question of maintainability in a suit and when a suit is found to be time barred, nothing could be adjudicated in such a suit
such, the suit is hopelessly time barred and to
allow adjudication of such hopelessly time barred suit would
tantamount to be an abuse ... which has been
made by the petitioner to contend that suit is time barred is
having no locus to stand. It has been submitted that
that the suit
instituted by the plaintiff fails to disclose any cause of action and
the suit otherwise also is time barred.
Page ... suit."
17. We shall now look into some of the averments made in the
application Exhibit 142 as regards the suit being time barred
