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2022 CLC 563

2022 CLC 563

S.3 Arts.113 & 120 —Specific Relief Act (I of 1877), Ss. 42 & 54—Limitation, determination of—Jurisdiction of Court—Respondent-plaintiff filed suit for declaration and injunction in which he claimed to be owner in possession of suit land on the basis of an agreement to sell—Suit filed by respondent-plaintiff was dismissed by Trial Court but Lower Appellate Court decreed the same in his favour—Validity—Lower Appellate Court failed to consider that on the basis of some agreement, suit for declaration was not maintainable—To seek decree for its specific performance, period of only three years per Art.113 of Limitation Act, 1908, was available to institute the suit—Agreement in question was settled on 22-3-1995 and suit for specific performance on its strength could be filed till 21-3-1998, whereas while stretching it to accord decree for declaration Court was bound to satisfy that suit per Art. 120 of Limitation Act, 1908, was instituted within six years— Suit was filed on 22-04-2002 after more than seven years and Lower Appellate Court did not attend such aspect— As per mandate of S. 3 of Limitation Act, 1908, Lower Appellate Court was under obligation to scrutinize the plaint, application and appeal on the point of limitation regardless of the fact that the point of limitation was agitated by either party or not— High Court set aside judgment and decree passed by Lower Appellate Court and restored that of Trial Court—Second appeal was allowed, in circumstances.

2022 CLC 563
Pleadings—Proof—Onus to prove—Plaintiff, in order to succeed, has to stand on his own legs—Imperative for plaintiff to prove his case independently and without merely getting any support or flaws/lapses, if any, of his adversary