Banda Chinna Subbarayudu & Ors vs Thailam Vishwanatha Rao & Anr

The Supreme Court addressed the issue of limitation under Article 127 of the Limitation Act in the context of an application filed under Order 21 Rule 89 of the CPC to set aside a sale. The Court held that the period during which execution proceedings were stayed due to a third party's appeal should be excluded from the limitation period. The Court overturned the High Court's ruling, which had affirmed the dismissal of the application on the grounds of limitation, thereby allowing the appellants to proceed with their application to set aside the sale.