Limitation period
Atman
(Querist) 28 September 2018
This query is : Open
the priliminary decree was passed last friday in a title suit
the decree is in favour of plaintiff and against all defendents. but decree directs the property be divided in to 4 equal shares and one share alloted to plaintiff (property is in the possession of d1) , and the mesne profts be recovered from d1 from date of institution of suit till separate possession through a separate application. Question is about the LIMITATION PERIOD for Application for d2 and d3, since they also become eligible for mesne profit recovery and possession.
The supreme court said something like this in the SPECIAL LEAVE PETITION [C] NO.17932 OF 2009
"16. In view of the foregoing, we are of the view that the application filed by the plaintiff in this case for drawing up of a final decree, was rightly held to be not subject to any period of limitation. We therefore dismiss this special leave petition as having no merit, with a request to expedite the final decree proceedings. "
Kindly clarify if there is no limitation, or if there is limitation and if it is different for the plaintiff and the defendant.
Isaac Gabriel
(Expert) 28 September 2018
No limitation after the passing of the final decree.
M V Gupta
(Expert) 29 September 2018
The order of SC is very clear. No limitation to file application for passing final decree. However parties should take steps to get the property divided by metes and bounds as early as possible and apply for final decree.
