Limitation period
krishna
(Querist) 17 March 2014
This query is : Resolved
Respected members
Sir,
plaintiff file suit in 2008 for possession (not under specific relief act )
Plaintiff withdraw suit in June 2012 with liberty of court to file fresh suit on the same cause of action.
Order
Suit is allowed to withdraw with liberty to file fresh suit on the same cause of action.
because of financial problem plaintiff could not file fresh suit on the same cause of action till yet. order did not gave any time frame to file fresh suit in the order as given above.
1. what is the limitation period to plaintiff ?
2. can plaintiff file suit under specific relief act now to get possession after condonation of delay ?
thank you.
krishna
(Querist) 18 March 2014
Respected members,
Its not academic query.
Please give reply in form of advice.
Thank you.
Kuummaar AS
(Expert) 18 March 2014
More details are required for replying query.
However, for possession of immovable property based on previous possession and not on title, the period of limitation for a suit is twelve years and the period of limitation starts running from the date of dispossession.
V R SHROFF
(Expert) 18 March 2014
details are required for replying query
krishna
(Querist) 18 March 2014
Thank you very much to all experts and also to Kumar sir.
Suit is for possession based on previous possession and also on the basis of title.
plaintiff is a co owner of joint property & was residing in the property defendant first dispossess plaintiff from property in 2007 and after showing defendant a full owner sale this property to third party when case under 145 of crpc was pending. Because plaintiff was financially weak, plaintiff file defective suit in 2008 (not under specific relief act) to get possession of Property after withdrawing complaint under 145 & withdraw such suit in 2012 to file fresh suit on the same cause of action.
If yo want more facts then please asked I will give but please give me advice about limitation period.
Thank you.
Devajyoti Barman
(Expert) 18 March 2014
Disclose your identity.
You are repeatedly posting queries on different topics.
T. Kalaiselvan, Advocate
(Expert) 20 March 2014
Limitation will run from the date of dispossession and it is twelve years from such date. Since the court has allowed to withdraw the previous sit with permission to file fresh suit on the same cause of action, the fresh suit may be filed without delay con donation petition too.
