Limitation
dheepak srinivasa
(Querist) 24 December 2012
This query is : Resolved
My Original suit in money has been dismissed by additonal judge arbitarily. My limitation is well within 3 years but the judge says that if the limitation period starts on 01.01.2012 than it end at 31.12.2015 and not 01.01.2016 but he limitation act under 12(1) has clearly specified that the start date to be excluded and end date to be included. My counsel is advising me an appeal as A.S which will be heard after 4 yrs. But I am insisting on him to file an Civil Revision Petition under article 141 and 375 clearly indicating that judge has to rule within the framework of constitution and therefore to setaside the judgment of the additonal judge. An I correct in insisting this?
R.K Nanda
(Expert) 24 December 2012
no, appeal is the remedy in ur case.
Raj Kumar Makkad
(Expert) 05 January 2013
Your lawyer is perfect in his approach and moreover judge is also perfect in courting the limitation.
