Supreme Court · 2001 INSC 361 · Decided 13 August 2001
Hameed Joharan (D) and ORS. v. Abdul Salam (D) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 361 · [2001] SUPP. 1 S.C.R. 469
- Case number
- CIVIL APPEAL No. 9876/1995
- Decided
- 13 August 2001
- Bench
- AJAY PRAKASH MISRA, U.C. BANERJEE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 136; Stamp Act Section 35, 2(15)
Headnote
A B limitation Act, 1963-Article 136-Partition suit-Decree-Execution of-limitation period of twelve years-Commencement of-Whether the time _ taken for furnishing stamp paper could be excluded for reckoning the period of limitation-Held, period of limitation begins to run from the date when the C executable-Furnishing of stamp paper was an act entirely within the domain and control of the decree holder and any delay therein cannot put a stop on the period of limitation to run-Stamp Act, 1899, Section 35 and 2(15)- . Interpretation of Statutes. D Maxims: 'Vigilantibus non dormientibus jura
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