I want to know about article 141 in civil
narayan sharma
(Querist) 19 January 2013
This query is : Resolved
dear please help me out by providing any judgement of supreme court in civil by article 141 because in lower court i have submitted 16 rulings for article 54 limitation act in which plaintiff filed his suit after much time of limitation and said we have extend the time orally but failed to present any witness for it , but lower court decreed his suit . now we are in appeal for it . so, please provide me the same . i have noc pabba premkumar vs state of andhra pradesh 1979 by j. muktadar.about article 141
Ravikant Soni
(Expert) 19 January 2013
Time can not be extended for filing suit. Section 5 not applied for institution of civil suit.
Guest
(Expert) 19 January 2013
Section 5 is not applicable to the original suits.
prabhakar singh
(Expert) 19 January 2013
ARTICLE 54 REFERS TO LIMITATION FOR SUITS OF SPECIFIC PERFORMANCE OF CONTRACT WHICH IS 3 YEARS FROM THE DATE FIXED AND IF NO DATE IS FIXED THEN 3 YEARS FROM THE DATE PLAINTIFF HAS NOTICE THAT PERFORMANCE IS REFUSED.
TO MY KNOWLEDGE THERE ARE ONLY ARTICLES TO COUNT UP TO 137 IN LIMITATION ACT 1963.I AM NOT AWARE OF ARTICLE 141 IN THE NEW ACT.
EVEN IF SUBMITTED A LIBRARY OF JUDGEMENT I CAN NOT SPEAK ABOUT WITHOUT GOING THROUGH BRIEF WHAT JUDGEMENT YOU NEED.
THEN BETTER SEARCH ON YOUR OWN EITHER ON INDIA KANOON OR ON STPL.
AGREE WITH EXPERTS THAT ANY DELAY CAUSED IN FILING SUIT CAN NOT BE CONDONED U/S 5 OF LIMITATION ACT WHICH APPLIES ONLY TO APPEALS AND APPLICATION BUT I THINK THAT IS NOT YOUR PROBLEM IN THIS CASE.
