Supreme Court of India
K.C. Laxmana v. K.C. Chandrappa Gowda & Anr.
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From the headnote
Limitation Act, 1963: Articles 58 and 109 – Plaintiff challenged alienation of portion of joint family property made by his father- the first defendant, under Ex.P-1, in favour of the second defe ndant – Defendants relying on Article 58 took plea that suit was time barred – Held: Parties to the suit are Hindus and are gove rned by Mitkashara Law – Article 58 provides for the period of li mitation to file a suit to obtain any other declaration – It is a residuary a rticle governing all those suits for declaration which are not spec ifically governed by any other articles in the Limitation Act
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