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april 2008

Supreme Court of India · 2008-04-16

Kamlesh Babu & Ors vs Lajpat Rai Sharma & Ors

Citation / case number
AIR 2008 SC (SUPP) 1931
Court
Supreme Court of India
Petitioner
Kamlesh Babu & Ors
Respondent
Lajpat Rai Sharma & Ors
Author
Altamas Kabir
Bench
A. K. Mathur, Altamas Kabir

Judgment text excerpt

The Supreme Court held that the First Appellate Court and the High Court erred in not addressing the issue of limitation under Article 59 of the Limitation Act, 1963, which bars suits for declaration of rights if not filed within three years of knowledge of the Will. The Court emphasized that the Trial Court's finding on limitation was crucial and should have been considered. Consequently, the appeal was allowed, and the judgment of the First Appellate Court was set aside, reinstating the Trial Court's decision dismissing the suit.

Kamlesh Babu & Ors vs Lajpat Rai Sharma & Ors · Niyam