RAGHUNATH DAS versus GOKAL CHAND AND ANOTHER

RAGHUNATH DAS versus GOKAL CHAND AND ANOTHER

A suit by a co-heir for division of undivided moveable property held in joint ownership is not one for specific moveable property under Article 49; Article 120 applies, and time spent in civil execution proceedings (from inception to final disposal due to defect of jurisdiction) should be excluded under Section 14(1) of Indian Limitation Act.

Parties
Appellant: Raghunath Das; Respondent: Gokal Chand; Respondent: Mst. Daropadi
Jurisdiction
India
Judgment Date
01 May 1958
Procedural Posture
Civil Appeal / Appeal From Division Bench of Punjab High Court Judgment Dated April 22, 1952, Arising From Civil Regular First Appeal No. 1/e of 1947 and Suit No. 239 of 1946
Outcome
Appeal allowed; judgment and decree of Division Bench of Punjab High Court set aside; case remanded to Punjab High Court for determination of issue No. 3 (Order 2, Rule 2 bar).
Legal Topics
Partition of Moveable Property, Limitation Period, Exclusion of Time Under Limitation Act, Specific Moveable Property
Limitation Law Civil Procedure Partition of Moveable Property Limitation Period Exclusion of Time Under Limitation Act Specific Moveable Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Raghunath Das

Appellant

Gokal Chand

Respondent

Mst. Daropadi

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench of Punjab High Court Judgment Dated April 22, 1952, Arising From Civil Regular First Appeal No. 1/e of 1947 and Suit No. 239 of 1946

Legal Issues

  1. 1 Whether suit for division of moveable property by co-heir is one for specific moveable property under Indian Limitation Act, 1908, Article 49
  2. 2 Applicability of Article 120 versus Article 49 of Indian Limitation Act, 1908
  3. 3 Exclusion of time covered by execution proceedings under Section 14(1) of Indian Limitation Act

Ratio Decidendi

A suit by a co-heir for division of undivided moveable property held in joint ownership is not one for specific moveable property under Article 49; Article 120 applies, and time spent in civil execution proceedings (from inception to final disposal due to defect of jurisdiction) should be excluded under Section 14(1) of Indian Limitation Act.

Court Disposition

Appeal allowed; judgment and decree of Division Bench of Punjab High Court set aside; case remanded to Punjab High Court for determination of issue No. 3 (Order 2, Rule 2 bar).

Orders

  • Case remanded to Punjab High Court for determination of issue No. 3 only (Order 2, Rule 2 bar)
  • Appellant to get costs of appeal and prior High Court hearing; costs of further hearing on remand to be dealt with by High Court