Supreme Court of India

Shub Karan Bubna @ Shub Karan Prasad v. Sita Saran Bubna & Ors.

Neutral citation

Reported as [2009] 14 S.C.R. 40

Bench R.V. Raveendran and B. Sudershan Reddy JJ.

Decided 21 August 2009

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.

6 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the foregoing, we are of the view that the application filed by the plaintiff in this case for drawing up of a E final decree, was rightly held to be not subject to. any period of limitation.

Judgment, page 17

From the headnote

CODE OF CIVIL PROCEDURE, 1908:. c ss.2(20) and 54, 0. 20 r. 18, 0. 26 r. 13 - Partition suit - Preliminary decree passed - Application for final decree - ..... Resisted on the ground of limitation - HELD: Where an application does not invoke the jurisdiction of court to grant .... ;.-- . any fresh relief based on a new cause of action, but merely ... reminds or requests the· court to do its duty by completing the remaining part of the pending suit, there is no question of any limitation - Such an application is not one to which Limitation Act would apply - As declaration of rights or shares

Authorities it was built on

2006 Hasham Abbas Sayyad v. Usman Abbas Sayyad and Ors. cited by 12
2008 Bikoba Deora Gaikwad & Ors. v. Hirabai Marutirao Ghorgare cited by 3

Where later benches applied it

2020 Vineeta Sharma v. Rakesh Sharma & Ors. relied on
2022 Kattukandi Edathil Krishnan & Anr. v. Kattukandi Edathil Valsan & Ors. referred to
2021 Rahul S Shah v. Jinendra Kumar Gandhi & Ors. referred to
2021 Venigalla Koteswaramma v. Malempati Suryamba & Ors. referred to
2014 Srihari (dead) through Lr. Smt. Ch. Niveditha Reddy v. Syed Maqdoom Shah & Ors. referred to
2013 Satyawati v. Rajinder Singh and Anr. referred to

Of those, 1 relied on · 5 referred to

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