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september 2010

Supreme Court of India · 2010-09-08

DHARMARTH TRUST J&K JAMMU vs DINESH CHANDER NANDA

Citation / case number
SC 2008/5251
Court
Supreme Court of India
Petitioner
DHARMARTH TRUST J&K JAMMU
Respondent
DINESH CHANDER NANDA
Author
P. Sathasivam
Bench
P. SATHASIVAM,ANIL R. DAVE, , ,

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the Trust's revision petition, affirming that the suit filed by the respondent-Architect is governed by Article 119 of the Jammu & Kashmir Limitation Act, 1995, rather than Article 56. The Court established that the determination of the applicable limitation period is crucial for the maintainability of the suit, and the lower courts correctly interpreted the relevant articles. Consequently, the appeal was dismissed, affirming the lower courts' decisions regarding the amendment of the plaint and the suit's maintainability.

DHARMARTH TRUST J&K JAMMU vs DINESH CHANDER NANDA · Niyam