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G.L.N. Prasad (Retired employee.)     19 September 2017

Limitation period

Limitation period:

Prior to 2014, the single Judge of APHC ruled that in case of suit for declaration and set aside, the property's market value of suit schedueld property as on date of filing suit should be taken into consideration for payment of Court fee, and as such suits were not entertained by advocates or admitted at all by Court  and some cases went on for appeal to HC and SC.

In Feb, 2014 SC has reversed the decision and stated the value appearing on the deed as on date of execution that is to be kept aside has to be taken into consideration and not the market value prevailing on date of filing fresh suit.

Can this be treated as change in law for limitation period count,

and whether a suit can be  entertained within 3 years from the date of SC judgment for setting aside ?

What can be the limitation period in such cases treating this as change of law  ?



Learning

 1 Replies

Siddharth Srivastava (Advocate)     19 September 2017

case attains finality when supreme court passed the final order. Consult suit valuation Act read with particular high court rules.


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