Supreme Court · 2008 INSC 114 · Decided 29 January 2008
Hari Prasad Bhuyan v. Durga Prasad Bhuyan and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 114 · [2008] 2 S.C.R. 160
- Case number
- CIVIL APPEAL No. 768/2008
- Decided
- 29 January 2008
- Bench
- ARIJIT PASAYAT, D.K. JAIN (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 47; Limitation Act
Headnote
"-1' Limitation Act, 1963 - Schedule Article 121 - Substitution ~ oflegal heirs by setting aside abatement - Delay in seeking - c Court below not condoning the delay- On appeal, held: Delay I "' • was liable to be condoned:... Limitation would be counted from ' the date of knowledge the case ~ substitution by setting aside abatement was within limitation - period- Code of Civil Procedure, 1908- 0. XX/Ir. 9. D . A suit filed by predecessor-in-interest of the appellant _ was _decreed by High Court in appeal. The execution court . while drawing up the decree, by mistake did
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