sripartha (advocate ) 13 April 2015

Sec 80 notice, and limitation period in filing of the case

dear members i have query, regarding sec 80 notice,

as i have sent a sec 80 notice to pondicherry municipality regarding a change of name in the birth certificate on 13.12.2013, and same was received by the municipality office on 16.12.2013, and no reply was given by the municipality…..since we have to give two months time under sec 80 of cpc, we can file the case after 16.02.2014. since my client did not approach me after that, I have filed suit only 09.04.2015. (i.e) after 1 year, 1 month, 3 weeks, 3 days, after 417 days, but the court returned the bundle stating barred by limitations, I am not sure the court was right, as a new court staff has been appointed, he too doesn’t know anything.. I thought I had 3 years limitation after the cause of action occurred, since I am not strong in civil suits and procedure, kindly guide me..

thanks in anticipation .

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 22 April 2015

Whether the suit was returned or rejected due to limitation reason? In my opinion this cannot be returned due to this reason, you may clarify the provisions that ere referred while returning the plaint.

Manohar Manu (NA) 23 April 2015

hi,

My grand father is having 3 acres 13 guntas land. out of which, 10 guntas land was acquired by government to construct road. My grand father's aunt filed civil case against government in bangalore civil court, as her land measuring 2 acres 04 guntas was also acquired for road purpose.

During evidence in Bangalore civil court she said entire 3 acres 13 guntas land is my grand father's share, which is true. and order was also passed in my grand father's favour. and compensation for 10 guntas land was awarded.

Now recently the same lady has filed Declaration and injunction suit in another civil court saying she is the owner of the land for 3 acres 13 guntas land which belongs to my grand father and has no record in her name, she has suppressed her statement which was given in bangalore civil court.

now my question is can we quash this declaration and injunction suit in high court based on her statement and her children's statement in bangalore civil court, in which they have clearly said 3 acres 13 guntas land belong to my grand father. Which is mentioned in the order copy. ?