Supreme Court · 2007 INSC 60 · Decided 17 January 2007
Bhag Mal (Alias) Ram Bux and ORS. v. Munshi (D) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 60 · [2007] 1 S.C.R. 1114
- Case number
- CIVIL APPEAL No. 2370/1998
- Decided
- 17 January 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Punjab Limitation (Custom) Act, 1920 : < Article 2(b)-Suit for declaration, decreed-During pendency of "'· ..._ appeal, plaintiffs-Appel/ants and defendant died-LRs. of defendant not c brought on record-Order of abatement passed-As a result, appellant inherited suit property-Second suit was not filed within 3 years from the date of declaratory decree and was barred by time-Held, Time limit began from date of order of abatement and not from the date of declaratory decree-Order of abatement although not amounts to passing D of decree on merits but it attains finality and gives
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