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may 2006

Supreme Court of India · 2006-05-02

PREM SINGH vs BIRBAL .

Citation / case number
SC 2002/22135
Court
Supreme Court of India
Petitioner
PREM SINGH
Respondent
BIRBAL .
Author
P.K. BALASUBRAMANYAN S.B. SINHA
Bench
P.K. BALASUBRAMANYAN S.B. SINHA

Judgment text excerpt

The Supreme Court examined the applicability of Article 59 of the Limitation Act, 1963 in a case concerning the setting aside of a Deed of Sale executed by a minor. The Court held that since the deed was void ab initio due to the plaintiff being a minor at the time of execution, the limitation period did not apply, allowing the suit to be filed at any time. The Court upheld the findings of the Appellate Court that the suit was not barred by limitation, affirming the dismissal of the appeal.

PREM SINGH vs BIRBAL . · Niyam