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january 2007

Supreme Court of India · 2007-01-17

BHAG MAL vs MUNSHI(DEAD)

Citation / case number
SC 1997/20455
Court
Supreme Court of India
Petitioner
BHAG MAL
Respondent
MUNSHI(DEAD)
Author
S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court interpreted the Punjab Limitation (Custom) Act, 1920, determining that the period of limitation for filing a suit begins from the date of the original decree, not from the abatement of the appeal. The Court held that the abatement order does not constitute a decree under Order XXII of the CPC, thus the appellants' suit filed on 3.11.1977 was not barred by limitation. The judgment of the High Court was reversed, affirming the decree of the lower courts in favor of the appellants.

BHAG MAL vs MUNSHI(DEAD) · Niyam