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.