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MANOJ KUMAR OHRI
Yajur Commodities Ltd. – Appellant
Versus
Suresh Asrani – Respondent
JUDGMENT :
(Manoj Kumar Ohri, J.)
Review Pet. 16/2024
By way of present petition, petitioner (defendant) is seeking review of the judgment dated 08.12.2023 whereby two applications came to be decided. The first being petitioner’s application under Order 7 Rule 11 of CPC for dismissal of the suit as time barred, which was dismissed. The second application being respondent’s (plaintiff’s) application under Section 14 of the Limitation Act, which was allowed.
2. Petitioner has sought review of both the decisions on the ground that the court overlooked certain documents and written submissions filed by the defendant, which led the court to reach erroneous decisions on the said two applications.
As far as petitioner’s application under Order 7 Rule 11 of CPC for dismissal of the suit as time barred is concerned, the petitioner has contended that the court erred in relying upon the decision in Manoj Kumar Goyal V Jagdish Prasad Modi, reported as 2014 (3) ILR (Del) 1595 which lays down an incorrect proposition of law on acknowledgment of liability under Section 18 of the Limitation Act.
Petitioner has argued that Manoj Kumar Goyal (Supra) incorrectly postulates that the extension of limitation
The court clarified that acknowledgment of liability under Section 18 of the Limitation Act does not extend the limitation period unless explicitly stated, and review is not a substitute for appeal.
An acknowledgment of liability can extend the limitation period for claims; communications indicating a debt recognition are crucial in determining time-barred status under the Limitation Act.
Decree against personal guarantor provides fresh 3-year limitation; Form B notice does not invoke guarantee; Covid exclusion applies correctly; case remanded to assess acknowledgments and claims for ....
The main legal point established in the judgment is that the 'order of the court' referred to in Section 43(4) of the Arbitration and Conciliation Act, 1996 includes the final order of the court, whe....
Period of limitation – Object to advance cause of justice must be kept in mind while considering bar of limitation.
Section 19 of the Indian Limitation Act does not extend the limitation period under Section 48 of the Civil Procedure Code for the execution of decrees.
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