Supreme Court of India · 1995-12-14
RAJ KUMAR & ANR. vs OFFICIAL RECEIVER OF THE ESTATE OFM/S. CHIRANJI LAL RAM CHA
- Citation / case number
- SC 1980/63331
- Court
- Supreme Court of India
- Petitioner
- RAJ KUMAR & ANR.
- Respondent
- OFFICIAL RECEIVER OF THE ESTATE OFM/S. CHIRANJI LAL RAM CHA
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that Chiranji Lal, declared insolvent, had a 1/3rd share in certain properties as per the Provincial Insolvency Act. The Court ruled that the application for declaration was not barred by limitation under Article 120 of the Limitation Act, 1908, as the cause of action arose when the appellants contested the Official Receiver's claim. The High Court's conclusion that the suit was within time was upheld, affirming the rights of the Official Receiver over the properties in question.