...challenged within the prescribed period of limitation. Article 58 read with Article 113 attached to the Schedule of the Limitation Act, 1963 governs these kind of suits. The third column of Article 58...formed an opinion that the suit filed by the plaintiff was beyond the prescribed period of limitation while relying upon the judgment passed by the Supreme Court in...of the Schedule provides that the time for filing the suit would begun to run when the right to sue first accrues. Article 113 provides that the time would begun to run when the right to sue accrues...

...appeal being Regular Second Appeal No. 3416 of 1997, inter alia, on the ground that the suit for declaration and injunction filed on 21-8-1990 was barred by limitation under Article 58 of the Limitation Act...their written statement was to the effect that the suit was barred by limitation in view of Article 58 of the Act because the suit having been filed after about 18 years of entering into the...respective cases also on the point of limitation, the trial court held, inter alia, that the suit was barred by limitation in view of Article 58 of the Act as the cause of action arose in 1972 i.e on the date of compromise entered into by the parties. Accordingly, the suit was dismissed by the trial court also on the ground of limitation. Feeling...

.... Article 58 read with Article 113 attached to the Schedule of the Limitation Act, 1963 governs these kind of suits. The third column of Article 58 of the Schedule provides that the time for filing the suit... 1 of 3 the Deputy General Manager is the superior authority and therefore, there is no violation of Article 311 of...limitation. 4. This Bench has heard the learned counsels representing the parties at length and with their able assistance perused the paper book...

...judgment of the trial court opining that the period of limitation, as per Article 58 of the Limitation Act, expired in 1997 itself, stating:“A perusal of the typed set of...recovery of possession. Article 58 of the Limitation Act provides for three years as the limitation period to initiate proceedings from the date of cause of action, whereas Article 65 of the Act...to the suit property. Thus, only Article 58 of the Limitation Act is only applicable and not Article 65 of the Act. Admittedly, the suit is filed beyond the period of 3 years as contended by...

...of limitation. Article 58 of the Schedule to the Limitation Act prescribes period of limitation of three years for a suit seeking declaratory relief and limitation started...void. Therefore, apparently the relief of declaration as claimed by the plaintiffs is barred by period of limitation.6. Article 58, Schedule I, Part III, of the Limitation Act prescribes...begins to run Article 58.—To obtain any other declaration. Three years. When the right to sue first accrues.7. Article 58 of the Limitation Act therefore is a residuary...

...-defendant that the suit was time barred as per Article 58 of the Limitation Act as it had not been filed within three years from the date the appellant-defendant denied the..., cannot be said to be barred by law of limitation. Article 58 of the Limitation Act provides a period of three years to claim a declaration when a right to file suit accrues...

....In this case, it has to be examined primarily, whether the relief of declaration sought by the plaintiff in O.S.No.176 of 2011 in the year 2017 is barred by the law of limitation. Article 58 of the...Limitation Act, states that any declaration is to be sought within a period of three years from the date, when the cause of action first accrued. The crucial words in that particular article are the...... Respondents / Petitioners /Plaintiffs Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 15.06.2024 passed in...

...required under Article 58 of the First Schedule of the Limitation Act, 1963.3. When this appeal came up for hearing before a Division Bench 1988 Supp SCC.... To such a suit the courts below have rightly applied Article 58 of the First Schedule of the Limitation Act. That article runs thus:“58. To obtain any other...Article 58 of the Limitation Act, great hardship is bound to result. On one side, the claim would not be maintainable if laid before exhaustion of the remedies; on the other, if the departmental remedy...

...under a civil court's jurisdiction is governed by Article 58 of the Limitation Act, 1963 and the claims for redressal of the grievances are governed by Article 21 of the Act. The question whether...reads as under:“21. Limitation.—(1) A Tribunal shall not admit an application,—(a) in a case where a final order such as is mentioned in clause (a...Section 21 provides for limitation for redressal of the grievances in clauses (a) and (b) and specifies the period of one year. Sub-section (2) amplifies the limitation of one year in respect of...

...ground that the suit is barred by limitation.3. The suits for declaration are governed by Article 56 and 58 of the Limitation Act. Articles 56 and 57 deals with...specific declaration which are not applicable in this case. Article 58 deals with other declarations not covered by Article 56 & 57 and the period of limitation prescribed thereunder is three.... Article 58 of the Limitation Act, 1965 came up for consideration before the Supreme court in Khatri Hotels Pvt. Ltd. v. Union...

...the above, it would be expedient to go into the question whether the suit filed by the appellants on 6.7.1971 was within limitation. Article 58 of the Limitation for a suit...language of Article 58 ibid. No doubt under the Limitation Act 1908 there was a conflict of decision as to whether...provision of Article 58 ibid to the effect that time will begin to run from the date when the cause Page: 81of action first accrues. I am, therefore, of the firm view that the suit of the appellant was not within limitation and...

.... It is not disputed that Article 58 of the Limitation Act would apply to the amended plaint inasmuch as it sought to add the relief of declaration of title to the already existing relief for...Article 58 of the Limitation Act held as follows:“25. Article 58 of the Schedule to the 1963 Act, which has a bearing on the decision of this appeal, reads as under:‘the schedulePeriod of Limitation[See...cause of action depends upon the question whether that threat effectively invades or jeopardizes the said right.’30. While enacting Article 58 of the 1963 Act, the legislature has designedly made a departure from the language of Article 120 of the 1908 Act. The word ‘first’ has been used between the words ‘sue’ and ‘accrued’. This would mean that if a suit is based on multiple causes of action, the period of limitation will...

... broad grounds are raised in the application. First of all, it is contended that the suit is barred by limitation. Article 58 of the Limitation Act, 1963 lays down a...either of the two dates, the suit is clearly barred by limitation as laid down in Article 58 of the Schedule to the Limitation Act, 1963 that stipulates a period of three years from "when the right...period of limitation of three years from the date the right to sue accrues. It is contended that the right to sue accrued, if at all, on the death of Mr. Pavan Chander Mohan Sawhney on 13.01.2002. Mr...

...28-7-1980. Article 58 of the First Schedule to the Limitation Act, 1963 envisages limitation period for filing suit for any other declaration, i.e, three years from the date when the right to...sue first accrues. It would, therefore, be seen that in a suit for declaration that the order of compulsory retirement was invalid under Article 311 or any other law, comes under Article 58 of the Schedule to the Limitation Act...to seek such declaration accrued and became effective in respect of the appellant for the first time, the period of limitation would start from that date. Even after excluding the time required for...

...by the limitation. Article 58 of the Schedule of the Limitation Act, 1963 provides for period of limitation for the declaratory reliefs. The said Article is quoted hereunder.... Therefore, question of limitation do not arise in this case, in view of the provision of Section 17 of the Limitation Act...the Knowledge of the plaintiffs. The aforesaid belated action of the plaintiffs challenging transfer of shares that took place in 1990 and 1992 are hopelessly barred by limitation as the same were...

...which has been directed to be paid to the appellant-defendants. Under these circumstances, the State of Maharashtra has filed the present appeal.4. Article 58 of the Limitation Act...behalf of the State Government was that Article 58 of the Limitation Act was applicable as the plaintiff had sought declaration about the invalidity of the order dated 26-5-1976 and sale deed dated 23-8..., 1963, prescribes limitation of three years from the date when the right to sue first accrues to obtain a declaration. Under Article 65, the period of limitation prescribed for filing a...

...Article 58 of the Limitation Act. Referring to section 99 of the C.P.C it is also sought to be contended that the defect, if any, in the matter of procedure while disposing of the suit...thereafter i.e on 2nd September, 1995, it cannot be said that the suit was barred by law of limitation. Article 58 speaks about the period of three years of limitation to obtain any declaration from...the time. According to the learned Advocate for the appellant both these facts were totally ignored by the Court below. In support of the contention regarding the suit being within limitation, reliance...

...increments with cumulative effect were stopped. The suit was filed on 15-1-1988. Article 58 of the Schedule to the Limitation Act 21 of 1963 prescribes three years' limitation from the date of...the order, to seek a declaration that the impugned order was illegal and did not bind him. The residuary provision is Article 113 also equally prescribes the limitation of three years. The...limitation starts running from the date of passing of the order withholding increments. On expiry of three years from that date, the limitation expires by the efflux of time. Consequently, the suit gets...

...to have instituted the suit within a period prescribed under Article 58 of the Limitation Act, 1963 (for short, ‘Limitation Act’). He submitted that Article 58 is the residuary Article in Part-III of the First Division. Article 58 lays down that to obtain any other declaration not covered by Articles 56 and 57, the period of limitation prescribed...defendants. Plaintiff No. 1 gave reply on 30.7.2005. The short question is whether the suit is filed within limitation. Article 58 of the Limitation Act reads thus...the facts of the present case and the case is squarely covered by Article 58 of the Limitation Act. A perusal of Article 58, extracted hereinabove, shows that for obtaining any other declaration not covered by Articles 56 and 57, the period of limitation is...