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Checking relevance for Nikhila Divyang Mehta VS Hitesh P. Sanghvi...
2025 4 Supreme 313 : Yes, a suit for declaration and permanent injunction can be filed after 3 years from the cause of action, but only if the limitation period of three years for the declaration has not expired. The relief of declaration falls under Article 58 of the Limitation Act, 1963, which provides a limitation period of three years from the date when the right to sue first accrues. If the suit is filed after this three-year period, it is barred by limitation, even if the defence of limitation is not raised. The permanent injunction, being a consequential relief, is dependent on the main relief of declaration; hence, if the declaration is time-barred, the entire suit fails. Therefore, a suit for declaration and permanent injunction cannot be maintained if filed after the three-year limitation period for declaration has expired.Checking relevance for Padhiyar Prahladji Chenaji (Deceased) Through L. R. S VS Maniben Jagmalbhai (Deceased) Through L. R. S...
2022 4 Supreme 658 : A suit for declaration and permanent injunction cannot be filed after 3 years from the cause of action if the relief of declaration is barred by limitation. Under Section 38 of the Specific Relief Act, 1963, the limitation period for a suit for declaration is 3 years. When a suit for permanent injunction is claimed as a consequential relief to a suit for declaration, and the suit for declaration is held to be barred by limitation, the prayer for permanent injunction—being a consequential relief—also stands barred by limitation. This principle applies even though permanent injunction is generally a substantive relief with a different limitation period (which may start from the date of disturbance of possession). However, in cases where the injunction is consequential upon a declaration, the limitation period for the declaration governs the entire suit. Therefore, if the cause of action for declaration has expired beyond 3 years, the entire suit, including the consequential relief of permanent injunction, is barred.Checking relevance for Rajeev Gupta VS Prashant Garg...
2025 5 Supreme 25 : A suit for declaration and permanent injunction can be filed after 3 years from the cause of action only if the cause of action for such a suit arises within the three-year limitation period. Under Article 58 of the Limitation Act, 1963, the period of limitation is three years, and the clock starts ticking from the moment the right to sue first accrues. The right to sue arises when the cause of action accrues, and the plaintiff cannot pick and choose the time to approach the court. For suits seeking cancellation of a particular instrument as void or voidable, Article 59 applies, which mandates that such suits must be instituted within three years from the date the plaintiff first derived knowledge of the instrument''''s existence. The word ''''first'''' in Article 59 has the same connotation as in Article 58, meaning the limitation period begins from the earliest date the plaintiff could have known of the cause of action. Therefore, if the cause of action for declaration arose more than three years prior, the suit would be barred by limitation.Checking relevance for DAHIBEN VS ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR LRS...
2020 4 Supreme 160 : Yes, a suit for declaration and permanent injunction can be filed after 3 years from the cause of action, but only if it is filed within the three-year limitation period prescribed under Articles 58 and 59 of the Limitation Act, 1963. The period of limitation for such suits is three years, which commences from the date when the right to sue first accrues. If the suit is filed after this three-year period, it is barred by limitation and shall be dismissed, even if limitation is not raised as a defense. The right to sue accrues when the cause of action arises, i.e., when there is a clear and unequivocal threat to infringe the right asserted in the suit. In cases where multiple causes of action arise, the limitation period begins from the date when the right to sue first accrued, not from the date of the last violation. Therefore, a suit for declaration and permanent injunction filed beyond three years from the first accrual of the right to sue is barred by limitation.Checking relevance for Ghewarchand VS Mahendra Singh...
2019 1 Supreme 322 : A suit for declaration and permanent injunction can be filed after 3 years from the cause of action if it falls under Article 65 of the Limitation Act, 1963, which provides a 12-year limitation period. The court held that the suit was governed by Article 65 because it was essentially for declaration, injunction, and possession, and the cause of action arose when the defendants asserted their right, title, and interest over the property in criminal proceedings, which was noticed by the plaintiffs in 1966. The suit was filed in 1978, well within the 12-year period from the date of the attachment order (23.12.1966), and therefore was not barred by limitation. The court emphasized that the determination of limitation depends on the pleadings in the plaint and how the plaintiff has pleaded the accrual of cause of action. Even though the suit sought declaration and injunction, the presence of claim for possession and the nature of the proceedings (involving adverse possession and assertion of title) brought it within the 12-year period under Article 65, not the 3-year period for purely declaratory suits.
