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october 1992

Supreme Court of India · 1992-10-15

BALWANT SINGH vs GURBACHAN SINGH .

Citation / case number
SC 1979/62266
Court
Supreme Court of India
Petitioner
BALWANT SINGH
Respondent
GURBACHAN SINGH .
Author
] [KULDIP SINGH AND N.M. KASLIWAL
Bench
JJ.] [KULDIP SINGH AND N.M. KASLIWAL

Judgment text excerpt

The Supreme Court held that under Article 137 of the Limitation Act, 1963, the period of limitation for filing an application for rectification of a mistake in execution proceedings commences from the date when the right to apply accrues, which is contingent upon the specific facts of each case. The Court found that the limitation period is three years, and in this instance, the right to apply arose when the respondent attempted to interfere with the appellants' possession in 1973, not from the date of symbolic possession in 1963. Consequently, the appeal was allowed, overturning the High Court's ruling that the application was barred by limitation.

BALWANT SINGH vs GURBACHAN SINGH . · Niyam