Limitation
Querist :
Anonymous
(Querist) 18 July 2011
This query is : Resolved
That plaintiff filed suit against Grampanchyat in the year 2009 along with Temparary Injuction application under order 39 Rule 1,2 court granted injunction in Sept.2009. In the year 2010 Grampanchyat converted into Nagarpalica, obviously Nagarpalica become a party in Jan.2011 in place of Grampanchyat.
The Grampanchyat has not filed the appeal under order 43 Rule 1-R of C.P.C. But after 2 years delay the Nagarpalica filed appeal against Temparary Injunction. And show that the appeal filed within limitation from the date of knowledge 30 days Therefore the appeal is within limitation under Article of 116 of Limitation Act. In Limitation Act Article clearly shows that the 30 days limitaion is from the date of decee or order. Question :- What is the position of Law & how the effect of AIR 1961 S.C. Page No.1500 Please discuss with case law.
Querist :
Anonymous
(Querist) 06 August 2011
That plaintiff filed suit against Grampanchyat in the year 2009 along with Temparary Injuction application under order 39 Rule 1,2 court granted injunction in Sept.2009. In the year 2010 Grampanchyat converted into Nagarpalica, obviously Nagarpalica become a party in Jan.2011 in place of Grampanchyat.
The Grampanchyat has not filed the appeal under order 43 Rule 1-R of C.P.C. But after 2 years delay the Nagarpalica filed appeal against Temparary Injunction. And show that the appeal filed within limitation from the date of knowledge 30 days Therefore the appeal is within limitation under Article of 116 of Limitation Act. In Limitation Act Article clearly shows that the 30 days limitaion is from the date of decee or order. Question :- What is the position of Law & how the effect of AIR 1961 S.C. Page No.1500 Please discuss with case law.
