Tag: Limitation

DR. CHIRANJI LAL (D) BY LRS. Vs. HARI DAS (D) BY LRS.

when would the period of limitation for execution of a decree passed in a suit for partition commence. In other words, question is when such a decree becomes enforceable – from the date when the decree is made or when the decree is engrossed on the stamp paper. Which, out of these two, would be the starting point of limitation?

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Right to sue means

The statute of Limitation was intended to provide a time limit for all suits conceivable. Section 3 of the Limitation Act provides that a suit, appeal or application instituted after the prescribed […]

Calcutta High Court clarified the meaning “time requisite” in Section 12(2) of the Limitation Act for Certified Copy

The position has also been made clear by the latest Supreme Court decision on this point in the case of the The Commissioner of Sales Tax, U.P. Vs. Madan Lal Das and Sons, Bareilly, . This decision interpreted Section 12(2) of the Limitation Act 1963 and following its earlier decision in the case of State of Uttar Pradesh Vs. Maharaj Narain and Others, the Supreme Court observed that the expression “time requisite” in Section 12(2) of the Limitation Act cannot be understood as the time absolutely necessary for obtaining the copy of the order.

How to compute Limitation for filing appeal if applied for Certified Copy of the order

However, the applicant is entitled to have the period of deduction computed from the date the application for a certified copy of the decree is made, till it is delivered, provided the application is filed within the period prescribed for filing the appeal, and no part of this period is due to any lapse on the part of the applicant, such as failure to supply copying sheets or deposit the cost of a certified copy within the time stipulated and failure to collect a copy on the date fixed for taken delivery of the same, irrespective of the fact whether on the date of filing of the application, the decree was signed or not. The limitation commences from the date of the Judgment and not from the date the decree is signed.