Limitation aspect for the relief of mandatory injunction
Balakumar.S
(Querist) 07 August 2013
This query is : Resolved
My friend has filed a case against third parties for the relief of declaration of his right over the Public Municipal Road and praying for the relief of Man Injunction against them since they have illegally occupied and put up latrine and bathroom over the said road. The suit was filed in the year 2010 and it has been specifically stated that the opposite parties have illegally occupied the portion in the month of March 2010 and put up construction.
Now my friend's counsel has told my friend that since concerned Municipality was not impleaded in the suit it would not be possible for him to insist for the relief and on other hand he has advised my friend to file an application to withdraw the suit with permission to file the suit on the same cause of action.
My humble request is that if a fresh suit is filed on the same cause of action, whether will be dismissed under Limitation act since three years elapsed during March 2013. Or by withdrawing the suit and filing a suit afresh is a continuing cause of action.
Please give your valuable suggestion
niranjan
(Expert) 08 August 2013
You should not withdraw suit but after giving statutory notice to Mun.join Mun.as party to suit.
Balakumar.S
(Querist) 10 August 2013
Thanks for ur valuable suggestion.
prabhakar singh
(Expert) 10 August 2013
Yes! I agree with Mr.Niranjan!
Your apprehension about bar of limitation,in case suit is withdrawn, is correct.
Balakumar.S
(Querist) 14 August 2013
Thank u Mr. Prabhakar sir.
