Law of Limitation
Balaji Bakthavathsal
(Querist) 12 January 2011
This query is : Resolved
In the year 1996, a suit was initiated by a person, let me say as “X”, seeking ownership and permanent injunction against trespassing over a immovable property against three persons and let me call them as “A”, “B” and “C” and their people.
During the pendency of the case, the plaintiff “X” died and the foster son “Y” impleaded himself as the legal heir to “X” as per the will executed by “X” and continued the suit.
The court delivered its verdict in favour of the foster son “Y” restricting “A”, “B” and “C” and the people related to them restraining their entry. An appeal was filed by the defendents “A”, “B” and “C” and the appeal too was dismissed which was in the year 2003.
The elder brother of B and C, let me call him as “D” who was away from his home town due to his employment was not aware of the suit filed on his younger brothers and came to know the history very recently while digging out old papers. While court order says that the” Defendents and their people/wards are barred” My questions / doubts are:
1) When “D” is not at all a party in the suit, whether the court order binds him ?
2) Since “D” came to know about his rights on the property very recently, can he file a fresh suit, challenging the suit filed in the year 1996 whose verdict was delivered in the year 2003 or the Law of Limitation is applicable here.
