VidhiSangh

Supreme Court of India · 28/03/2018

MOHINDER SINGH (DEAD) THROUGH LRS. versus PARAMJIT SINGH & ORS.

[2018] 7 S.C.R. 1027 · 2018 INSC 283

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Summary

The Supreme Court restored a possession decree, holding the suit timely under Article 2(b) of the Punjab Limitation (Custom) Act, 1920. In this setting, obtaining the declaratory decree included its formal preparation, so the suit filed within three years of the 1972 decree sheet was within time. Alternatively, time spent pursuing execution in good faith was excludable under section 14 of the Limitation Act, 1963. The special law did not exclude that protection, and the intervening four months after execution ended required no separate condonation.

Issues

  1. When limitation began under the special provision referring to the declaratory decree being obtained.
  2. Whether unsuccessful good-faith execution proceedings qualified for exclusion of time.
  3. Whether the special Punjab limitation law displaced section 14.

Provisions considered

Held

Result

Appeal allowed without costs; High Court judgment and decree set aside and trial decree, as affirmed by the first appellate court, restored.

Judgment PDF: Supreme Court of India, [2018] 7 S.C.R. 1027.