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december 1995

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.

RAJ KUMAR & ANR. vs OFFICIAL RECEIVER OF THE ESTATE OFM/S. CHIRANJI LAL RAM CHA · Niyam