2001 AIR SCW 4079 ::2002 UJ(SC) 1 43 ::2001 (8) SCC 185 ::(2002) 1 RecCivR 119 ::(2001) 6 Scale 401 ::(2002) 1 Bom CR 580 ::(2002) 2 LandLR 559 ::(2001) 7 Supreme 86 ::(2002) 1 CurLJ(CCR) 112 ::(2001) 7 JT 668 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): K. T. Thomas, S. N. Variava , JJ

Civil P.C. (5 of 1908) , O.7 R.11(d)— Maharashtra Land Revenue Code (41 of 1966) , S.20— Rejection of plaint on grounds of limitation - Legality - Collector passed order under S.20 of Code holding that suit lands belong to respondents - Order affirmed in appeal - Suit for declaration by appellants seeking relief that they are owners of suit land- Appellants prayed for condonation of delay of period of limitation as prescribed under S.20 of Code - Question arose @page-SCW4080whether suit is covered by S.20 of Code - Defendants had not even filed written statement - Rejection of plaint as time barred and disposal of matter in summary manner, not proper - Appellant should be allowed to carry out amendments. (Para 4 6 7 8)