Supreme Court · 2008 INSC 591 · Decided 6 May 2008
Lachhman Singh (Deceased) Through Legal Representatives & ORS. v. Hazara Singh (Deceased) Through Legal Representatives & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 591 · [2008] 7 S.C.R. 828
- Case number
- CIVIL APPEAL No. 3322/2008
- Decided
- 6 May 2008
- Bench
- S.B. SINHA, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 9; Limitation Act Section 3
Headnote
c Limitation Act, 1963: s.3 - Suit - Barred by limitation - Onus of proof - High Court held that onus to prove that suit was filed beyond the period of limitation, was on the defendants - Correctness of - Held: Not correct of jurisdiction - D s. 3 puts an embargo on the Court to entertain a suit if it is found to be barred by limitation - Code of Civil Procedure, 1908- s.9. Code of Civil Proceaure, 1908: E 0. 41 r. 27 (1 )(a) and (aa) -Additional evidence -Adducing of - Suit for redemption filed in 1970 -
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)