What is the Period of Limitation for a Suit by a Person?

Article 98 is related to the following three types of suits:

(i) A suit by a person against whom an order referred to in R. 63 of Order XXI of the C.P.C. has been made;

(ii) A suit by a person against whom an order under Rule 103 of Order XXI of the CPC has been made; and

(iii) A suit by a person against whom an order under Section 28 of the Presidency Small Cause Courts Act, 1882 has been made.

All the above suits have to be filed to establish the right which the plaintiff claims to the property comprised in the order.

The starting point of limitation as specified in Art. 98 is the date of final order and the suit has to be filled within one year of the final order. If such an adverse order is passed by the executing Court, such order is the final order even if an in fructuous revision case is filed against such order.

Related Articles

Useful Notes on “Equity” – As a Source of Law

It is, however, neither possible nor convenient for equity to cover the whole field of natural justice. A large proportion of natural justice cannot be judicially enforced. Then again it does not include nearly the whole of that portion of natural justice which is capable of being enforced by legal sanctions and administered by legal […]
Read more

Useful Notes on 9 Different Types of Letter of Credit

2. Irrevocable L/C: Once this kind of L/C is issued by the issuing bank, it cannot be cancelled, amended by the buyer or the issuing bank without consent of all parties. According to UCP, in the absence of explicit indication otherwise, the L/C shall be treated only as irrevocable. The payment under an irrevocable L/C, […]
Read more
Search for: