Supreme Court · 2015 INSC 612 · Decided 26 August 2015
L.C. Hanumanthappa (Since Dead) Represented BY His LRS. v. H. B. Shivakumar
- Court
- Supreme Court of India
- Citation
- 2015 INSC 612 · [2015] 9 S.C.R. 651
- Case number
- CIVIL APPEAL No. 6595/2015
- Decided
- 26 August 2015
- Bench
- A.K. SIKRI, R.F. NARIMAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Limitation Act Section 58
Headnote
B Limitation Act, 1963 - Schedule Article 58 ~Applicability C of - To amended plaint - Original Suit for permanent injunction filed on 9.3.1990 - In original written statement (filed on 16. 5. 1990) plaintiff's title to property denied - Amendment of plaint allowed by order dated for declaration of title to the suit D schedule property-Plea in additional written statement that the plea of declaration of title was time-barred- Suit decreed, turning down the plea of limitation - High Court held that the amended plea was time-barred - On appeal, held: Right to sue for
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