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 -

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