AIR 2009 UTTARAKHAND 5 ::2009 (1) All LJ 142 ::2009 AIHC NOC 182 ::(2008) 3 UC 1662

Uttarakhand High Court

Hon'ble Judge(s): V. K. Gupta , C.J.

(A) Limitation Act (36 of 1963) , Art.58— Suit for declaration of sale deed as null and void - Limitation - Does not start per se from date of execution or registration of sale deed, but actually it starts from date when plaintiff obtains knowledge about that fact - Sale deed in question, was executed and registered in year 1993 but knowledge allegedly having been acquired in year 2006 - Suit filed in year 2007 cannot be held to be time-barred. (Para 4) (B) Limitation Act (36 of 1963) , S.5, Art.58— Suit for declaration of sale deed as null and void - Delay in filing - Condonation - Notice to opposite party - Because of fact that right accrues in favour of opposite party about dismissal of matter as being time-barred, delay can never be condoned without issuing notice to opposite party in delay condonation application. (Para 7) .....