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IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
H.S. THANGKHIEW, CJ.
Khorshedur Rahman Khan – Appellant
Versus
Md. Nashibullah Sk. S/o Late Boholuddin Sk. – Respondent
JUDGMENT :
H.S. THANGKHIEW, CJ.
1. The petitioner by of this application under Article 227 of the Constitution of India is before this Court with a prayer to set aside the impugned order dated 26.03.2024, passed by the Court of the Assistant to Deputy Commissioner, Circuit Court, Phulbari, West Garo Hills in Misc. Case No. 8 of 2023, arising out of Title Suit No. 9 of 2019, whereby the said Court had dismissed an application filed by the petitioner under Order 14 Rule 2 (2) of the CPC on the question of limitation.
2. The brief facts are that the respondent as plaintiff had instituted a Title Suit before the Court of the Assistant to Deputy Commissioner at Dadenggre, West Garo Hills, which was registered as TS No. 9 of 2019 for declaration of right, title and interest, recovery of possession and permanent injunction, against the petitioner amongst others, who was arrayed as defendant No. 11. The petitioner had then taken a specific plea under Section 3 of the LIMITATION ACT , 1963 in his written statement, on the ground that the Title Suit was barred by limitation as the cause of action had arisen in 2001, and had prayed for dismissal of the suit on this ground. The petitioner then fi
The court held that the issue of limitation is a mixed question of law and fact, justifying the framing of a preliminary issue for a definitive ruling, as highlighted in Section 14 of the Limitation ....
The main legal point established in the judgment is that the benefit of Section 14(1) of the Limitation Act would not be available if the earlier suit was dismissed after adjudication on its merits a....
Period of limitation – Object to advance cause of justice must be kept in mind while considering bar of limitation.
A suit can be rejected if it is barred by limitation, and the limitation period begins when the right to sue first accrues, emphasizing the need for timely legal action.
A suit based on title for recovery of possession is not subject to limitation, and adverse possession must be pleaded and proved with particulars to affect the limitation period.
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
The court upheld that an amendment to include a declaration of title in a suit is barred by the limitation period defined in Article 58 of the Limitation Act if filed significantly after the right to....
Limitation issues in landlord-tenant disputes can involve mixed questions of law and fact, precluding outright dismissal during preliminary proceedings.
A plaintiff cannot exclude time under S.14 of the Limitation Act if the filing in a wrong court resulted from lack of due care and good faith.
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