Limitation

Arvind Singh Chauhan (Querist) 09 November 2011 This query is : Resolved
Sir,
Law or ruling required that,

Period mentioned in notice, issued by plaintiff shall be excluded from the period of limitation.

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prabhakar singh (Expert) 09 November 2011
Mr.Arvind!

Under which Act notice was given?

Arvind Singh Chauhan (Querist) 09 November 2011
Honourable Sir thanks for the responce-

Matter is that- "A" has started to collect cow dung before the door of "B". Due to bad smell "B" has to keep door closed. The land on which dung is collected is an Army land, "B" issued notice of 80 C.P.C to Army to remove this.
Now the suit is for easementry right and removal of nuisance.

J K Agrawal (Expert) 10 November 2011
No limitation at all in this case.

However a Notice does not expand the limitation.

M V Gupta (Expert) 10 November 2011
As it is a continuing nuisance, the suit can be filed at any time. I agree that time given in the notice does not expand the period of limitation prescribed in the Limitaiton Act.

dev kapoor (Expert) 10 November 2011
Agree with reply of Mr.M.V.gupta.

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