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may 1958

Supreme Court of India · 1958-05-01

RAGHUNATH DAS vs GOKAL CHAND AND ANOTHER

Citation / case number
SC 1954/90258
Court
Supreme Court of India
Petitioner
RAGHUNATH DAS
Respondent
GOKAL CHAND AND ANOTHER
Bench
DAS, SUDHI RANJAN (CJ)

Judgment text excerpt

The Supreme Court interpreted 'specific moveable property' under Article 49 of the Indian Limitation Act, 1908, concluding it refers to items for which immediate possession can be claimed. The Court held that a suit by one heir against others for recovery of a share in a deceased's moveable property is governed by Article 120, not Article 49. The Court also ruled that the time spent in execution proceedings should be excluded under Section 14(1) of the Act when computing the limitation period.

RAGHUNATH DAS vs GOKAL CHAND AND ANOTHER · Niyam