Supreme Court · 2007 INSC 1044 · Decided 11 October 2007

C.NATRAJAN v. Ashim Bai and ANR.

Court
Supreme Court of India
Citation
2007 INSC 1044 · [2007] 11 S.C.R. 33
Case number
CIVIL APPEAL No. 4803/2007
Decided
11 October 2007
Bench
S.B. SINHA, H.S. BEDI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Limitation Act Section 58, 142, 144, 64, 65

Headnote

A v. ASHIM BAI AND ANR. OCTOBER 11, 2007 B [S.B. SINHA AND HARJIT SINGH BEDI, JJ.) )" Code of Civil Procedure, 1908: Or. 7, r.11 ( d)-Application for rejection of plaint-Maintainability c of-Suit for declaration of title and, in the alternative, for recovery of possession-Filed in 200 to Limitation Act, suit was barred by D limitation-HELD: Question as to whether suit is barred by limitation or not would depend on facts of each case and for this purpose J averments in plaint only are relevant-If suit has been filed for possession as a consequence of declaration of

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