Supreme Court of India
Lachhman Singh (deceased) through Legal Representatives & Ors. v. Hazara Singh (deceased) through Legal Representatives & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the opinion that keeping in view the peculiar facts and circumstances of this case, the respondents should be permitted to adduce evidence.
Judgment, page 7
From the headnote
c Limitation Act, 1963: s.3 - Suit - Barred by limitation - Onus of proof - High Court held that onus to prove that suit was filed beyond the period of limitation, was on the defendants - Correctness of - Held: Not correct - Limitation is a question of jurisdiction - s. 3 puts an embargo on the Court to entertain a suit if it is found to be barred by limitation - Code of Civil Procedure, 1908- s.9. Code of Civil Proceaure, 1908: 0. 41 r. 27 (1 )(a) and (aa) -Additional evidence -Adducing of - Suit for redemption filed in 1970 - Plea of respondent that a registered mortgage deed was executed
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