Supreme Court · 2022 INSC 432 · Decided 19 April 2022
K.C. Laxmana v. K.C. Chandrappa Gowda & ANR.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 432 · [2022] 3 S.C.R. 40
- Case number
- CIVIL APPEAL No. 2582/2010
- Decided
- 19 April 2022
- Bench
- S. ABDUL NAZEER, KRISHNA MURARI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 58, 109
Headnote
Limitation Act, 1963: Articles 58 and 109 - Plaintiff challenged alienation of portion of joint family property made by his father- the first defendant, under Ex.P-1, in favour of the second defendant - Defendants relying on Article 58 took plea that suit - Held: Parties to the suit are Hindus and are governed by Mitkashara Law - Article 58 provides for the period of limitation to file a suit to obtain any other declaration - It is a residuary article governing all those suits for declaration which are not specifically governed by
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