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april 1996

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to prioritize the withdrawal application over the transposition of defendants, ultimately dismissing the suit as withdrawn.

NATHU RAM AND OTHERS vs MANPHOOL AND OTHERS · Niyam