Can the case be dismissed if limitation period is over?

keshav dahiya (Querist) 07 February 2019 This query is : Resolved
hello experts,

The plaintiff who is suing me for the title of the property has lost his cases in the lower court twice and both the time filed a fresh case in upper court after 160 days and 122 days ( Not within the limitation period), He took the permission from supreme court for condonation of delay but the delay was condoned for only one time period (Delay of 122 days).
Still, my case is going on. Can it be dismissed on the ground that the delay is not condoned( delay of 160 days) ?

Follow Query

Report Abuse

P. Venu (Expert) 09 February 2019
The facts, as stated, lacks clarity. How can there be a fresh case in a Higher Court. It could be an appeal. Delay could be condoned in an Appeal, but not in the suit.

Dr J C Vashista (Expert) 09 February 2019
What is the opinion and advise of the lawyer engaged by you who have been sailing you perfectly ?
Prima facie it is an academic exercise.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now