delay

ambika.S (Querist) 09 January 2011 This query is : Resolved
I have filed a miscellaneous suit seeking restoration of partition suit [1993] which was compromised within 2 months from the filing of the said suit. I am one of the unborn legal heir at the time of deed and I am not a party to the suit for partition the stage is to hear on condonation of delay. Can any one help me with citation for delay in filing the miscellaneous suit?

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Raj Kumar Makkad (Expert) 09 January 2011
You can file suit within 3 years of date of knowledge of the partition suit and law of limitation is very lenient these days as Courts are of the view that matters should e decided on merits and not on technical grounds.

Amit Minocha (Expert) 10 January 2011
you have a legal right and the Court would condone the delay. You need to know whether your being in womb was conveyed by the parties to the Court or not ? If not then it is a concealment of a crucial fact. You must be having your DOB certificate.

R.venkatesh Naidu (Expert) 13 January 2011
at the time of filing the partition suit if you are in womb, now the properties were sold or not, you can right to file a suit. the suit is filed on 1993 now 2011, so 18 years are over. now you come to major and now you are 18. you may file a suit within 2014 i.e when you attain major plus add 3 years.