What is limitation period for execution of decree?
➢ Under the Article 136 of the Limitation Act, 1963, the period. of limitation for the execution of any decree or order of any. Civil Court other than a decree granting a mandatory. injunction is 12 years.
Can a suit be filed beyond limitation?
Section 3 lays down that a suit, cu an appeal, or an application filed beyond the prescribed period of limitation shall be dismissed, although limitation has not been pleaded as a defense. Objection as to limitation can be taken at any stage of a suit a or proceeding including the appellate state.
Can you file a case after the limitation period?
– – Period of filing appeal and application can be extended if proper cause is shown (but not the suit) [section 5]. IF COURT IS CLOSED ON LAST DAY – If court is closed on last day of limitation, suit, appeal or application can be filed on next day when Court reopens.
What is Article 137 of Limitation Act?
Article 137 is a residual provision, and provides for a limitation period for any application for which no period of limitation is provided in any of the Articles in the Schedule to the Limitation Act. It provides for a period of limitation of 3 years from the date when the right to apply accrues.
Can a decree be Cancelled?
Answers (2) If you are not parties to that suit then you can file for stetting aside of the said decree by filing such a suit. The limitation starts from the date of getting certified copy of the decree. So, first file application for a certified copy.
Is Limitation Act applicable to criminal cases?
Justice Sanjay K. Agrawal observed that the applicability of Section 14(1) of the Limitation Act, 1963 is confined to suit and appeal or revision, it cannot be made applicable to criminal proceeding like revision.
Can you file a case after limitation period?
What is limitation under Limitation Act?
The word limitation in its literal term means a restriction or the rule or circumstances which are limited. The law of limitation has been prescribed as the time limit which is given for different suits to the aggrieved person within which they can approach the court for redress or justice.
What was the time limit before the Limitation Act 1953?
Prior to the amendment, the time limit of six (6) years as provided in Section 6 (1) of the Limitation Act 1953 applies regardless of when the person having the cause of action discovers the damage. Section 6 (1) of the Limitation Act 1953 states that an action in tort:
Which is not covered by the Limitation Act of 1963?
Though the Limitation Act, 1963 covers wider issues, and makes it clear that only certain and not all cases are covered by the Act. For example, the Limitation Act, 1963 is not applicable in the following cases: (1) In Town Municipal Council v.
What is the law of limitations in Malaysia?
The law of limitations in Malaysia is contained in the Limitation Act 1953 (Act 254) which declares itself to be an Act to provide for limitation of actions and arbitrations. However, this Act applies in Peninsular Malaysia only.
What is Article 131 of Constitution of India?
1. This is a suit filed under Article 131 of the Constitution of India by the State of Orissa (plaintiff) against the State of Andhra Pradesh (defendant) for a declaration that the Borra Group of villages, also referred to as ‘Borra Mutha’, form part of the State of Orissa.