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2010 Supreme(SC) 25

TARUN CHATTERJEE, AFTAB ALAM
Daya Singh – Appellant
Versus
Gurdev Singh (Dead) by L. Rs. – Respondent


JUDGMENT

Tarun Chatterjee, J.—

1. This appeal is directed against the final judgment and order dated 10th of September, 2001 of a learned Judge of the Punjab and Haryana High Court dismissing a second appeal being Regular Second Appeal No.3416 of 1997, inter alia, on the ground that the suit for declaration and injunction filed on 21st of August, 1990 was barred by limitation under Article 58 of the Limitation Act, 1963 (in short ‘the Act’) which could only be filed within three years from the date when the cause of action arose.

2. Therefore, the only question that needs to be decided in this appeal by us is : whether the suit for declaration and injunction could be held to be barred by limitation as the same was filed after 18 years of the alleged compromise between the parties. For the purpose of deciding this question on limitation, as noted hereinabove, which was only urged by the learned counsel for the appellants before us and the High Court also decided the second appeal on this question of limitation, we need to state the facts which would be relevant for the purpose of deciding the question of limitation only. The facts are as follows:

3. The plaintiffs/appellants were th















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