Supreme Court · 2008 INSC 497 · Decided 16 April 2008

Kamlesh Babu and ORS. v. Lajpat Rai Sharma and ORS.

Court
Supreme Court of India
Citation
2008 INSC 497 · [2008] 6 S.C.R. 653
Case number
CIVIL APPEAL No. 2815/2008
Decided
16 April 2008
Bench
A.K. MATHUR, ALTAMAS KABIR (2-judge bench)
Outcome
Case Allowed
Case type
Civil
Acts & sections cited
CPC; Constitution Article 136; Limitation Act Section 3(1), 59

Headnote

Limitation Act, 1963 - s. 3(1) and Art. 59 - Property mutated in favour of Appellants on basis of registered Will - Respondent No. 1 filed suit for declaration that the said Will c was procured by practicing fraud - Although, all issues in the suit decided against Respondent No. 1 and the suit that the suit was barred by limitation - First Appellate Court reversed the judgment of Trial Court without deciding the question of limitation - High Court D affirmed the judgment of First Appellate Court, again without .. deciding the question relating to /imitation - On appeal, held: In the

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