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Shyama (Smt.) vs. Prithvi Singh & Ors.

34.00 3.40

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Limitation Act, 1963–Art. 57–Suit for partition, cancellation of adoption deed and perpetual  injunction–Limitation for filing–Facts of case revealing that the appellant had knowledge about the execution of adoption deed from the date of its execution–Adoption deed was got registered on 16.6.1992–Suit filed in December 1998 was barred by limitation–Further, for the relief of declaration, period of limitation of three years is to be reckoned from the date of right to sue accrues–Appellant admitted the fact of death of her father on 29.11.1994 and reputiated the adoption deed–Admittedly, the suit was filed after lapse of four years–It was barred by limitation–Further held, relief of partition is ancillary relief in the instant suit–So the plea of appellant that the provisions of Art. 57 would not be applicable cannot be accepted.