Supreme Court of India · 1994-11-15
BIBIJAN & ORS. vs MURLIDHAR & ORS.
- Citation / case number
- SC 1980/63339
- Court
- Supreme Court of India
- Petitioner
- BIBIJAN & ORS.
- Respondent
- MURLIDHAR & ORS.
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the acknowledgment of the mortgage by the mortgagee resets the limitation period for filing a suit for redemption under Article 120 of the Limitation Act, 1963. The Court confirmed that the recitals in the gift deed constituted a valid acknowledgment, thus allowing the suit to proceed as it was within the limitation period. The appeal was ultimately dismissed due to the abatement of the appeal for certain appellants who failed to substitute their legal representatives within the prescribed time frame.