VidhiSangh

Supreme Court of India · 11/01/2018

RAMJI SINGH PATEL versus GYAN CHANDRA JAISWAL

[2018] 1 S.C.R. 688 · 2018 INSC 23

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Summary

A neighbour obtained an injunction against diesel-powered mill machinery causing vibrations, wall cracks, and air and noise pollution. The High Court dismissed his suit as time-barred by counting from the business’s commencement. The Court restored the decree: the nuisance began with diesel operation in 2003, and the pollution also constituted a continuing cause of action.

Issues

  1. Whether the High Court could entertain a new mixed limitation issue in second appeal and treat the nuisance suit as barred from the business’s original commencement.

Held

Result

Appeals allowed; High Court judgment set aside and the decrees below restored. No costs.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 688.