Section 14 of limitation act
sksingh
(Querist) 07 June 2015
This query is : Resolved
Ramesh sold his land measuring 200 square yards for Rs. 2,00,000/- and handed over the possession of the same to Sarjesh in the year 1990. In the year 1991, Sarjesh sold his land to ABC Co. for a sum of Rs. 2,10,000/-. On 2.3.1992, one of the sons of Ramesh, who had attained majority in the year 1991, filed a suit for recovery of possession of the land against ABC Co. on the ground that the land in issue was a joint Hindu Family property and thus Ramesh could not have sold the land to Sarjesh as the transaction was neither for a legal necessity nor in the interests of the Joint Hindu Family. ABC Co. in its written statement inter alia raised a preliminary objection that as Sarjesh has not been made party to the suit, and the two sale deeds were not under challenge, the suit as framed was not maintainable. The suit remained pending for some time and ultimately got dismissed on the two preliminary objections raised by ABC Co. The plaintiff filed an appeal and then withdrew the same in the year 2001 with liberty to take such other legal recourse including a civil suit against the defendant as may be permissible in law. The plaintiff then in the year 2002 again filed a fresh suit for a declaration that the sale deed in favour of Sarjesh and the consequent sale deed in favour of ABC Co. were null and void and for recovery of possession of land. This time Sarjesh was made a defendant to the suit. ABC Co. filed its written statement and raised a preliminary objection that the suit was barred by time. The plaintiff relied on Section 14 of the Limitation Act and contended that the suit was within time. Can the plaintiff claim benefit of Section 14 of Limitation Act.
Advocate Bhartesh goyal
(Expert) 07 June 2015
Yes, suit filed by plaintiff is in limitation as appellate court had passed an order and allowed plaintiff to withdraw the suit with liberty to file fresh.
Kumar Doab
(Expert) 07 June 2015
Based on your post answer seems to be as already opined by Expert Mr. Bhartesh Goyal: YES.
Rajendra K Goyal
(Expert) 08 June 2015
Agree with the expert Advocate Bhartesh goyal.
Dr J C Vashista
(Expert) 10 June 2015
I agree with expert advise of Mr. Bhartesh Goyal.
V R SHROFF
(Expert) 10 June 2015
court allowed liberty to file , so within limitation.
