Supreme Court · 1996 INSC 1484 · Decided 13 December 1996

Sunder Das and Ors v. Gajananrao and ORS.

Court
Supreme Court of India
Citation
1996 INSC 1484 · [1996] SUPP. 10 S.C.R. 66
Case number
CIVIL APPEAL No. 3550/1984
Decided
13 December 1996
Bench
N.P. SINGH, S.B. MAJMUDAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Limitation Act Section 109, 14

Headnote

Hindu Law: Limitation Act, 1963: Article 109 and Section 14. Suit by Hindu governed by Mitakashara law to set aside his father's alienation of ancestral property--Period spent in good faith in prosecutinf! suit-Exclusion of-Limitation period of 12 years from date of taking posses­ sion of registered in their favour-Limitation period D expired on 29.5.1971-Suit filed on 20.8.1970 before expiry of limitation period in a Court lacking pecuniary jurisdiction-High Court on 22.11.1975 ordered return of plaint for presentation to proper court-Accordingly suit filed in proper courl on

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