LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mayur Wankhade   15 May 2022

Limitation in maharashtra

Suit for declaration & injection in respect of encroachment??
What is the limitations


 1 Replies

Sravika Reddy Kohir   22 June 2022

 Hello Mayur Wankhade, I acknowledge your question. Under Article 58 of the Limitation Act 1963, the limitation period for the suit to obtain any declaration or consequential relief is THREE YEARS from when the right to sue accrues. In, Bharat Singh v. Kanwar Singh, (AIR 1991 MP 368) it has been held that not only a suit for pure declaration but a suit for declaration of title and permanent injunction attracts the Article 58 of the Limitation Act. In Commissioner of Taxes v. Golak Nath Kakai, (AIR 1979 Gau. 10), it has been held that an accrual of right to sue means the accrual of cause of action for the suit.

I hope I answered your question.

Have a good day.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register