Limitation Act

Querist : Anonymous (Querist) 19 July 2011 This query is : Resolved
Dear Sir,
That plaintiff filed suit against Grampanchyat in the year 2009 along with Temparay Injuction application under order 39 Rule 1 & 2 court granted injuction 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 limitation is from the date of decree or order.
Question - What is the position of law & how the effect of AIR 1961 SC Page No.1500 please discuss with case law

(ADV.SANGRAM CHAVAN - JALGAON)

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Y V Vishweshwar Rao (Expert) 19 July 2011
The AIR 1961 SC 1500 is in respect of the Notice U/s 12 of LA Act- knowledge from the date of said Notice - the Facts in your case are otherwise . The Gramapanchayath was upgraded as Nagarapalika - The Gramapanchayath was represented by their advocate and their staff and after the local body is upgraded the rights of the Gramapanchayath will be automatically transferred with all rights and liabilities and legal implications . The Newly Constituted Nagarapalika can not take the stand that it has very recent knowledge of the case . By Statute the Gramapanchayath to be replaced by Nagarapalika with all its obligations , rights and liabilities and Nagarapalika can not set up a new stand! -Y V Vishweshwar Rao Advocate Warangal AP

prabhakar singh (Expert) 20 July 2011
Expert Y V Vishweshwar Rao is right in his opinion, the appeal so filled is time barred

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