9911796707
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Issues Involved:
1. Whether the suit is barred by the period of limitation. 2. Whether the suit has been properly valued for the purposes of court fees and jurisdiction. Detailed Analysis: Issue 1: Whether the suit is barred by the period of limitation. Background and Arguments: - The petitioner challenged the trial court's decision on the preliminary issue of limitation. - The petitioner argued that the suit filed by the respondent was barred by Articles 58 and 113 of the Limitation Act, which prescribe a three-year period from the date the right to sue accrues. - The petitioner contended that the cause of action arose on 20.02.1992, when the wall was allegedly demolished, and thus the suit filed on 12.08.1996 was beyond the limitation period. Court's Findings: - The trial court incorrectly applied Article 18, which pertains to suits related to contracts, instead of Articles 58 and 113. - The High Court held that the correct articles for computing the limitation period were Articles 58 and 113, which prescribe a three-year period. - The High Court found that the suit was indeed filed beyond the three-year limitation period, as the cause of action arose on 20.02.1992 and the suit was filed on 12.08.1996. Section 14 of the Limitation Act: - The trial court had granted the benefit of Section 14 of the Limitation Act to the respondent, which allows exclusion of time spent in prosecuting another civil proceeding in good faith. - The High Court noted that Section 14 requires the prior proceeding to be a civil proceeding prosecuted with due diligence and in good faith. - The High Court found that the respondent's criminal writ petition and the subsequent application in execution proceedings did not qualify for exclusion under Section 14, as they were not civil proceedings prosecuted with due diligence and good faith. Conclusion: - The High Court concluded that the suit was barred by limitation and the benefit of Section 14 could not be extended to the respondent. - The suit was dismissed as it was filed beyond the prescribed period of limitation. Issue 2: Whether the suit has been properly valued for the purposes of court fees and jurisdiction. Background and Arguments: - The trial court had also decided against the petitioner on the issue of proper valuation for court fees and jurisdiction. Court's Findings: - The High Court did not delve into this issue in detail as the petitioner confined his submissions to the issue of limitation during arguments. Conclusion: - As the suit was dismissed on the ground of limitation, the High Court did not need to address the issue of valuation for court fees and jurisdiction. Final Judgment: - The High Court allowed the revision petition in part, quashing the trial court's findings on the issue of limitation. - The suit was dismissed as barred by limitation, and the benefit of Section 14 of the Limitation Act was not extended to the respondent. - There were no orders as to costs.
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