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may 2006

Supreme Court of India · 2006-05-02

Prem Singh & Ors vs Birbal & Ors

Citation / case number
AIR 2006 SUPREME COURT 3608
Court
Supreme Court of India
Petitioner
Prem Singh & Ors
Respondent
Birbal & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court addressed the applicability of Article 59 of the Limitation Act, 1963 in a suit for setting aside a Deed of Sale executed when the plaintiff was a minor. The Court held that since the Deed of Sale was executed fraudulently while the plaintiff was a minor, the limitation period did not commence until he attained majority, thus making the suit timely. The Court upheld the findings of the Appellate Court that the Deed was void ab initio due to the plaintiff's minority at the time of execution, affirming the lower court's decision to dismiss the appeal.

Prem Singh & Ors vs Birbal & Ors · Niyam