AIR 1991 SUPREME COURT 1600 ::1991 AIR SCW 1576 ::(1991) 2 RRR 105 ::1991 UJ(SC) 2 443 ::1991 (3) SCC 136 ::(1991) 2 LandLR 362 ::(1991) 2 LJR 19 ::(1991) 2 SCR 690 (SC) ::(1991) 2 CurLJ(CCR) 247 ::(1991) 2 JT 591 (SC)

Supreme Court Of India

Hon'ble Judge(s): Lalit Mohan Sharma, J. S. Verma , JJ

(A) Limitation Act (36 of 1963) , Art.100, Art.113, Art.65— Applicability - Adverse order under Special Act - Suit for setting it aside - Art. 100 would apply or Art.113,if no other particular Article is applicable - Order passed without jurisdiction - Art.65 would apply. The principle for deciding the question of limitation in a suit filed after an adverse order under a Special Act is well-settled. If the order impugned in the suit is such that it has to be set aside before any relief can be granted to the plaintiff the provisions of Art. 100 will be attracted and if no particular Article of the Limitation Act is applicable the suit must be governed by the residuary Art 113 prescribing a period of three years Therefore in a suit for title to an immovable property which has been the subject matter of a proceeding under a Special Act if an adverse order comes in the way of success of the plaintiff, he must get it cleared before proceeding further. On the other hand if the order has been passed without jurisdiction, the same can be ignored as nullity, that, is non - existent in the eye of law and it is not necessary to set it aside and such a suit will be covered by Article 65.(Para 5) (B) Limitation Act (36 of 1963) , Art.65— Himachal Pradesh Abolition of Big Landed Estates and L....