BAKHTAWAR SINGH AND ANR. versus SADA KAUR AND ANR.

BAKHTAWAR SINGH AND ANR. versus SADA KAUR AND ANR.

Plaintiffs failed to produce evidence that withdrawal of earlier suit was granted for a formal defect or sufficient grounds for institution of fresh suit as required under Order 23 Rule 1(3) CPC. Plaintiffs also failed to show a defect of jurisdiction or other cause for application of Section 14 Limitation Act. Consequently, the fresh suit was barred by limitation and respondent had perfected title by adverse possession.

Parties
Appellant: Bakhtawar Singh; Respondent: Sada Kaur
Jurisdiction
India
Judgment Date
28 August 1996
Procedural Posture
Civil Appeal / Final Judgment of Supreme Court
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Limitation, Withdrawal of Suit, Code of Civil Procedure
Civil Law Adverse Possession Limitation Withdrawal of Suit Code of Civil Procedure

Case Brief

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Parties

Bakhtawar Singh

Appellant

Sada Kaur

Respondent

Procedural Posture

Civil Appeal / Final Judgment of Supreme Court

Legal Issues

  1. 1 Whether plaintiffs were entitled to exclude the time spent in prosecuting the earlier suit under Section 14 of the Limitation Act, 1963 after withdrawal with liberty to file a fresh suit
  2. 2 Whether permission to withdraw the suit in accordance with Order 23 Rule 1(3) CPC was granted
  3. 3 Whether the fresh suit was barred by limitation

Ratio Decidendi

Plaintiffs failed to produce evidence that withdrawal of earlier suit was granted for a formal defect or sufficient grounds for institution of fresh suit as required under Order 23 Rule 1(3) CPC. Plaintiffs also failed to show a defect of jurisdiction or other cause for application of Section 14 Limitation Act. Consequently, the fresh suit was barred by limitation and respondent had perfected title by adverse possession.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs