NATHU RAM AND ORS. versus MANPHOOL AND ORS.

NATHU RAM AND ORS. versus MANPHOOL AND ORS.

Period of limitation applicable to reversioners is individual and cannot be extended for those who were not under disability at the start of limitation simply because one was in the womb; transposition as plaintiff does not revive a time-barred claim.

Parties
Appellant: Nathu Ram; Respondent: Manphool; Interested Defendant: Birbal; Interested Defendant: Aaidan; Principal Defendant: Puran
Jurisdiction
India
Judgment Date
23 April 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of Punjab and Haryana High Court in Civil Revision No. 1097 of 1976
Outcome
Appeal dismissed
Legal Topics
Limitation for Suit by Reversioner, Transposition of Parties, Withdrawal of Suit
Limitation Law Civil Procedure Limitation for Suit by Reversioner Transposition of Parties Withdrawal of Suit

Case Brief

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Parties

Nathu Ram

Appellant

Manphool

Respondent

Birbal

Interested Defendant

Aaidan

Interested Defendant

Puran

Principal Defendant

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of Punjab and Haryana High Court in Civil Revision No. 1097 of 1976

Legal Issues

  1. 1 Whether period of limitation for filing suit by reversioners can be extended for those who were existing when cause of action arose solely because one co-reversioner was in the womb at the relevant time
  2. 2 Whether transposition of defendants as plaintiffs would revive a time-barred claim

Ratio Decidendi

Period of limitation applicable to reversioners is individual and cannot be extended for those who were not under disability at the start of limitation simply because one was in the womb; transposition as plaintiff does not revive a time-barred claim.

Court Disposition

Appeal dismissed

Orders

  • Appeal by Nathu Ram dismissed
  • No interference in the High Court's orders