AI Overview...
-
Article 137 of Limitation Act - Residual provision governing the limitation period of three years for filing applications not specifically covered by other articles. It applies broadly to miscellaneous civil proceedings where no specific limitation period is prescribed. SHANKER DE BHATTACHARYYA VS JYOTIVMOYEE DEVI - Calcutta, Gulabo VS Nagar Palika, Phalodi - Rajasthan, D. R. PUNDALIK RAO VS ASST COMMR AND LAO, SHIMOGA - Karnataka, Kundan Devi VS Ram Chandra Jaiswal - Allahabad
-
Main Points and Insights:
- The article establishes a three-year limitation period starting from the date when the right to apply accrues. SHANKER DE BHATTACHARYYA VS JYOTIVMOYEE DEVI - Calcutta, Gulabo VS Nagar Palika, Phalodi - Rajasthan
- It is considered a residuary article, applicable in cases where no other specific limitation provision exists. SHANKER DE BHATTACHARYYA VS JYOTIVMOYEE DEVI - Calcutta, In The Matter of S. Krishnaswami and Etc. ; (2) E. Devarajan and Others VS E. Ramiah, Defendant - Madras
- Its applicability is subject to judicial interpretation depending on the nature of the case, such as probate, amendment of decrees, or applications under specific statutes. Prabhunath Singh VS Sukhdeo Rai - Patna, Kundan Devi VS Ram Chandra Jaiswal - Allahabad
- Several cases clarify that Article 137 does not apply to proceedings where a specific limitation period is prescribed elsewhere, e.g., probate proceedings or motor vehicle claims under specific statutes. In The Matter of S. Krishnaswami and Etc. ; (2) E. Devarajan and Others VS E. Ramiah, Defendant - Madras, Oriental Insurance Company VS Balwant Singh - Madhya Pradesh
-
In some contexts, courts have emphasized the importance of timely filing within the three-year limit to avoid dismissal. Gulabo VS Nagar Palika, Phalodi - Rajasthan, D. R. PUNDALIK RAO VS ASST COMMR AND LAO, SHIMOGA - Karnataka
-
Analysis and Conclusion:
- Article 137 of the Limitation Act serves as a catch-all provision for civil applications without a designated limitation period.
- Its three-year limitation begins from the date the right to apply accrues, but courts have held that it does not apply to proceedings governed by other specific statutes or where a different limitation period is explicitly provided.
- The article's applicability depends on the nature of the case and whether a specific limitation period exists elsewhere in law.
- Understanding the scope of Article 137 is crucial for timely filing of applications to avoid dismissals due to limitation bar.
References: - SHANKER DE BHATTACHARYYA VS JYOTIVMOYEE DEVI - Calcutta, Gulabo VS Nagar Palika, Phalodi - Rajasthan, D. R. PUNDALIK RAO VS ASST COMMR AND LAO, SHIMOGA - Karnataka, Kundan Devi VS Ram Chandra Jaiswal - Allahabad, In The Matter of S. Krishnaswami and Etc. ; (2) E. Devarajan and Others VS E. Ramiah, Defendant - Madras, Oriental Insurance Company VS Balwant Singh - Madhya Pradesh, Prabhunath Singh VS Sukhdeo Rai - Patna
Search Results for "Article 137 of Limitation Act"
2010 0 Supreme(Pat) 1332 • India - Patna
MUNGESHWAR SAHOO
Probate Case - Validity of Will - Section 63, Section 68 of Indian Evidence Act - Article 137 of Limitation Act - [KEYWORD] - ... [SUBJECT] - [Section 63, Section 68 of Indian Evidence Act, Article 137 of Limitation Act] - The court discussed the validity of ... 137 of the Limitation Act. ... Shahi when there is no specific provision made in the Limita....
1997 0 Supreme(Cal) 336 • India - Calcutta
SUDHENDU NATH MALLICK
period prescribed under Article 137 of the Limitation Act. ... Article 137 of the Limitation Act is a residuary Article and governs the period of limitation in respect of matters not specifically ... for substitution would be three years as provided under Article 137 of the Limitation Act, not Article 120. ... Act#HL....
1991 0 Supreme(Kar) 517 • India - Karnataka
MURALIDHARA RAO, K.A.SWAMI
C. - Article 137 of the Limitation Act - [SWAMI] - [Application for Final Decree] - [Limitation Act, Article 137] - The court discussed ... as contemplated in Article 137 of the Limitation Act does not apply. ... as contemplated in Article 137 of the Limitation Act does not apply. ... Hanumanthagad, learned c....
2022 0 Supreme(Cal) 400 • India - Calcutta
PRAKASH SHRIVASTAVA
Article 137 of the Limitation Act. ... contained in Article 137 of the Limitation Act. ... The respondent raised a preliminary objection based on the limitation period under Article 137 of the Limitation Act. ... It has been further held that since there is no limitation prescribed in the Act of 1996 for filing an aplication u....
1990 0 Supreme(Mad) 361 • India - Madras
NAINAR SUNDARAM, SWAMIDURAI
LIMITATION ACT - Article 137 - Applicability to proceedings for grant of probate or letters of administration with or without ... Fact of the Case: References were made to the court to determine whether Article 137 of the Limitation Act, 1963, applies ... Finding of the Court: The court held that Article 137 of the Limitation Act, 1963, does not apply to proceedings filed .......
2001 0 Supreme(Raj) 1753 • India - Rajasthan
H.R.PANWAR
Procedure Code - Limitation period is three years under Article 137 of Limitation Act. ... as appellant did not appear- Order 9 Rule 8 is not applicable - Article 137 Limitation Act gives period of limitation for filing ... Civil Procedure Code, Order 9 Rule 8 - Limitation Act, Article 137 - Civil Procedure Code, Section 151 - suit was dismisse....
1988 0 Supreme(All) 4 • India - Allahabad
A.P.MISRA
AMENDMENT OF DECREE - LIMITATION - SECTION 152 CPC - ARTICLE 137 LIMITATION ACT - DUTY OF COURT TO PREPARE DECREE IN ACCORDANCE ... Act for amending the decree and the residuary Article 137 of the Limitation Act, which provides a period of three years, did not ... The court held that there was no specific provision in the Limitation Act for amending the decree and the residuary #....
1977 0 Supreme(Kar) 29 • India - Karnataka
K.VENKATASWAMI
Act, is three years under Article 137 of the Limitation Act. ... Acquisition Act and the applicability of Article 137 of the Limitation Act to such applications. ... It held that the application was within the three-year limitation period under Article 137 of the Limitation Act. ... The interpretation which was given to Article#HL_END....
2022 0 Supreme(Del) 1824 • India - Delhi
MANOJ KUMAR OHRI
period under Article 137 of the Limitation Act. ... period prescribed under Article 137 of the Limitation Act. ... Act, 1925, Section 262; Indian Evidence Act, Section 68; Limitation Act, Article 137 - The court discussed the revocation of Letters ... Kunhaliumma which took note of the change in the collocation of words in Article#HL_....
1999 0 Supreme(MP) 406 • India - Madhya Pradesh
S.C.PANDEY
MOTOR VEHICLES ACT - SECTION 166(3) - LIMITATION - OMISSION - EFFECT - ARTICLE 137 OF LIMITATION ACT, 1963 - APPLICABILITY - HELD ... The Court held that Article 137 of the Limitation Act, 1963 is not applicable to proceedings before the Tribunal because the Act ... Whether Article 137 of the Limitation Act, 1963 is applicable....
Filter by Legal Phrase
