...arguments which are enumerated hereinbelow:—(i) He submits that the Courts below have erroneously invoked the provisions of Article 60 of the Limitation Act, 1963 whereas Article ...conveyance deed, “instrument” in the year 1999, perhaps the suit would have fallen within purview of Article 59 of the Act.9. As regards the applicability of Section 17 of the Act,...Article 59 and 60 much less Section 17 of the Act.59. To cancel or set aside an instrument or decree or for the rescission of a contract. Three years When the fact...

...instrument dealt under Article 59 of the Limitation Act. Even though, Section 17 of the Limitation Act has been pointed out to bring the suit within the period of ...the Limitation Act, 1963 and found that the suit is barred by limitation. As per Article 59 of the Limitation Act, a suit has to be instituted within a period of three years to cancel or ...trial court, Section 17 of the Limitation Act has no application in the facts of this case, since the same deals with the effect of fraud or mistake. 16. In this...

...instrument dealt under Article 59 of the Limitation Act. Even though, Section 17 of the Limitation Act has been pointed out to bring the suit within the period of ...the Limitation Act, 1963 and found that the suit is barred by limitation. As per Article 59 of the Limitation Act, a suit has to be instituted within a period of three years to cancel or ...trial court, Section 17 of the Limitation Act has no application in the facts of this case, since the same deals with the effect of fraud or mistake. 16. In this...

...predecessor admitted this appeal by formulating the following substantial questions of law: 1. Are 'Fraud' contained in Section 17 of the Limitation Act, 1963 and 'Fraud upon Court' ..., much difference to be elicited in between 'fraud' contained in Section 17 of the Limitation Act and 'fraud upon Court', 'fraud upon Court' is much serious. The first substantial question of law...Schedule 1 of the Limitation Act, 1963...

...per section 17 and article 59 of the Limitation Act, 1963 and whether under the law the suit is filed within time, i.e, within three years from the date of knowledge of ...had knowledge of execution of the sale deed on any date prior to period claimed by the plaintiff. It is correct that under article 56 of the Limitation Act, 1963 a suit for...court had framed the following issues:1. Whether there is cause of action for the suit?2. Whether the suit is barred by provisions of limitation?3. Whether...

...Article has to be read with Section 17 of the Act for the purpose of determining the commencement of limitation under Article 59 of the Act in a case where the relief for cancell.... Therefore, the plaintiffs in the normal course are bound by the decree passed in the previous suit. Therefore, it is Article 59, Part IV, Schedule I of the Limitation Act, 1963 (hereinafter referred...decree or instrument is based on fraud or mistake. According to Section 17 of the Act where, in the case of any suit or application for which period of limitation is prescribed by the Act and the suit...

...that the same were based on fraud. In such a situation, Article 58 of the Limitation Act, 1963 will not be attracted. It is so said, because in view of the given fact situation of the present case..., but other party did not turn up. This is what Article 54 of Indian Limitation Act says. Similarly law was laid down by Hon'ble High Court in case...the Limitation Act would apply. Thus, it is held that the suit of...

...this case does not arise as under Section 17 of the Limitation Act 1963 read with Article 59/113/137 the period of limitation 3 years from the date of discovery..., 1899 the said decree together with terms are chargeable under Section 3 and Section 10 of the Indian Stamp Act, 1899. Under Section 17 of the Indian Stamp Act, 1899...under Section 17(1)(b) of Registration Act, 1908. Section 17(2)(v) of this Act does not exempt a compromise decree if it creates right/interest of share for the first ti...

...May, 2015, on the filing of the written statement/documents by the defendants. He would take support of section 17(1)(a) read with Article 59 of the Limitation Act, section 31 of the Spec...only when fraud comes to his knowledge and as per Article 59 of the Limitation Act the period of limitation starts when the facts entitling the plaintiff to have the instrument...evidence, it is absolutely clear that having regard to the provisions of Section 17(1) of the Limitation Act, the limitation for filing the Company Petition had not begun to...

...defendant no. 3 in the year 1972 after obtaining the sale deed and she immediately filed the suit in the year 1972. Therefore, in view of Section 17 of the Limitation Act read with ...there according to Article 59 of the Limitation Act. In support of his contention, the learned counsel relied upon other decisions of the Hon'ble Supreme Court 2006....23. So far Article 59 of the Limitation Act is concerned, suit is required to be filed within three years when the facts entitling the plaintiff to have the instrument...

...public notice dated 29thAugust 2007 and 30thAugust 2007 cannot be construed as cause of action. Reliance is placed on Article 110 of the Limitation Act. Reliance is also placed ...the Limitation Act on which reliance is placed by both the learned Counsel namely Article 58, 59, 110 and Sections 3 and 17 of the Limitation Act. The said Sections and Articles are repro.... 10. Learned Senior Counsel pointed out Order VII Rule 6 of CPC and submitted that reliance placed on Article 110 of the Limitation Act on behalf of the Plaintiff is totally misconceived...

...favour of the defendant No.1 cannot be nullified. Admittedly, suit came to be filed on 12.01.2011 after three years, hence the suit is barred by limitation in view of the provisions under Article 59 of the ...fraud, there is no occasion for its discovery. Thus, the plaintiff cannot be extended the benefit under Section 17 of the Limitation Act, 1963. Hence, he sought to allow the appeal...months and therefore the suit filed by the plaintiff is barred by limitation as specifically stated in the written statement in view of Article 59 of the Limitation Act...

...decided in favour of the plaintiff both by the First Appellate Court and the High Court, the same were of no avail since the suit continued to remain barred under Article 59 of the Limitation Act...section 31 of the Specific Relief Act, 1963. The period of limitation of filing such suit is 03 years according to ...provisions of Article 91 of the old Limitation Act vis-a-vis Articles 59 & 60 of the new Limitation Act so as to hold: "17. Once, however, a suit is filed by ...

...S.B Sinha, J.— Leave granted.2. Whether the provision of Article 59 of the Limitation Act would be attracted in a suit filed for setting aside a...said deed of sale, thus, being void ab initio, the limitation of three years from the date of attaining of majority, as is provided for in Article 59 (sic Article 60) of the Limitation Act, 1963..., on the other hand, submitted that:(i) On the date of execution of the said deed of sale, Respondent 1 being a minor, Article 59 of the Limitation Act would have no...

.... The learned Judge brushed aside the argument of the learned Counsel for the plaintiff that Article. 59 could be invoked in the instant case. He also rejected the argument of the counsel for the defendants, who invoked ...affairs the issue as to limitation has to be looked into. The learned Trial Judge heard arguments of counsel, one relying upon Article 59 of the Limitation Act and other upon, Article 72 of the ...: 14. Section 17 of the Limitation Act deals with the effect of fraud or mistake in. a particular suit or applica...

...Section 3 of the Limitation Act. Hence, the delay cannot be condoned by taking recourse to Article 148 of the Constitution. 50. Patel Brothers vs. State of Assam...Section 5 read with Sections 29(2) of the -: 59 :- Limitation Act, in the matter of delay in filing a revision petition and condonation of the same. The question for determination was whether Section 5 of...SC 1670] (P.Radha Bai), the question that arose was the applicability of Section 17 of the Limitation Act for condoning the delay caused on account of alleged fraud played on the objector (party...

...been filed beyond three years, was barred by limitation applying Article 59 of the Schedule to the Limitation Act, 1963 (for short “the Act”). The High Court in AAD No. 18 of 1988 by judgment and ...final decree of the Benamidar.” Accordingly it was held that the suit is governed by Article 59 of the Schedule to the Act and the suit having been filed in 1981, is barred by limitation...Schedule to the Act is applicable to the facts in this case. Article 59 of the Schedule to the Limitation Act, 1908 had provided inter alia for suits to set aside decree obtained by fraud. There was no...

...become barred under the Limitation Act, that the certificate under Section 69(3) of the Act itself was issued by the Collector on 17-3-1986 and the notice of demand Ext. P2 under Section 34 of the...Article 137 of the Limitation Act is applicable to an application under Section 16 of the Indian Telegraph Act on the ground that the appl ication wa...Railway Claims Tribunal under Section 16 of the Indian Railways Act. Section 17(1)(c) of the Limitation Act, 1963 was sought to be relied on to get over the bar under...

...Limitation Act and Article 59(1)(2) of the Limitation Act. 3 7.The first respondent would have been entitled to as..., 16.08.2008 & 16.12.2008 have not been set aside. All the issues relating to limitation including Article 59 & 60 of the Limitation act, are left open to canvass by the petitioner at the time...at the Appellate stage in as much as the limitation for declaring the sale deeds as null and void executed during 2000 - 2002 would be time barred. Specifically reference is made to Section 6 of the...