Supreme Court of India · 1996-04-23
NATHU RAM AND OTHERS vs MANPHOOL AND OTHERS
- Citation / case number
- SC 1978/90406
- Court
- Supreme Court of India
- Petitioner
- NATHU RAM AND OTHERS
- Respondent
- MANPHOOL AND OTHERS
- Author
- M.M. PUNCHHI
- Bench
- M.M. PUNCHHI
Judgment text excerpt
The Supreme Court held that the period of limitation for filing a suit is personal to the individual plaintiff, as established under the Limitation Act. In this case, Nathu, who was in his mother's womb at the time the limitation period began, had the right to sue, while the other defendants, Birbal and Aaidan, did not have any surviving right to sue due to the expiration of the limitation period. The Court upheld the High Court's decision to prioritize the withdrawal application over the transposition of defendants, ultimately dismissing the suit as withdrawn.