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july 2002

Supreme Court of India · 2002-07-29

Deena (Dead) Through Lrs vs Bharat Singh (Dead) Thr. Lrs. & Ors

Citation / case number
AIR 2002 SUPREME COURT 2768
Court
Supreme Court of India
Petitioner
Deena (Dead) Through Lrs
Respondent
Bharat Singh (Dead) Thr. Lrs. & Ors
Author
D.P.Mohapatra
Bench
D.P.Mohapatra, K.G.Balakrishnan

Judgment text excerpt

The Supreme Court analyzed the applicability of Section 14 of the Limitation Act, 1963, determining whether the plaintiffs were entitled to exclude the period from 21.3.1980 to 15.2.1982 for filing their suit. The Court held that the plaintiffs did not prosecute the previous suit in good faith as they were aware of the non-joinder of a necessary party, thus ruling that the exclusion of time under Section 14 was not applicable. Consequently, the appeal was allowed, reversing the High Court's decision and affirming the trial court's ruling that the suit was barred by limitation.

Deena (Dead) Through Lrs vs Bharat Singh (Dead) Thr. Lrs. & Ors · Niyam