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of <h1>Supreme Court restores Trial Court judgment in possession suit, citing Limitation Act Section 14</h1> <h3>Mohinder Singh (Dead) Through L. Rs. Versus Paramjit Singh And Ors.</h3> Mohinder Singh (Dead) Through L. Rs. Versus Paramjit Singh And Ors. - TMI Issues Involved: Applicability of Section 14 of the Limitation Act, 1963 in the context of the Punjab Limitation (Custom) Act, 1920; Date of obtaining a declaratory decree; Calculation of limitation period for filing a suit for possession; Applicability of Section 14 of the Limitation Act, 1963 for exclusion of time during which execution proceedings were pursued.Issue-wise Detailed Analysis:1. Applicability of Section 14 of the Limitation Act, 1963:The Supreme Court examined whether Section 14 of the Limitation Act, 1963 (the 1963 Act) applies in light of the Punjab Limitation (Custom) Act, 1920 (the 1920 Act). Section 14 of the 1963 Act allows for the exclusion of time spent in bona fide pursuing a civil proceeding in a court that lacks jurisdiction. The Court concluded that Section 14 is applicable because Section 5 of the 1920 Act explicitly incorporates Sections 4 to 25 of the 1963 Act. Additionally, Section 29(2) of the 1963 Act supports this applicability unless expressly excluded by the special law, which is not the case here.2. Date of Obtaining a Declaratory Decree:The Court analyzed the expression 'the declaratory decree is obtained' in Article 2(b) of the Schedule to the 1920 Act. The Court held that this expression means the date on which the decree is drawn or prepared, not merely the date of the declaratory judgment. The Court emphasized that the legislative intent behind using 'obtained' includes the formal preparation of the decree, which in this case was on 19th August 1972.3. Calculation of Limitation Period for Filing a Suit for Possession:The Court addressed whether the limitation period should be calculated from the date of the declaratory judgment (20th August 1963) or the date of the decree preparation (19th August 1972). The Court concluded that the limitation period should commence from the date the decree was prepared, i.e., 19th August 1972. Thus, the suit filed on 11th June 1974 was within the three-year limitation period specified in Article 2(b) of the 1920 Act.4. Applicability of Section 14 of the Limitation Act, 1963 for Exclusion of Time:The Court considered whether the time spent by the plaintiff in pursuing execution proceedings could be excluded under Section 14 of the 1963 Act. The Court found that the plaintiff had bona fide pursued execution petitions, which were dismissed due to technical reasons and not on merits. The Court held that the time from 14th January 1971 (death of Ujjagar Singh) to 2nd February 1974 (dismissal of the third execution petition) should be excluded. Consequently, the suit filed on 11th June 1974 was within the limitation period.Conclusion:The Supreme Court allowed the appeal, setting aside the High Court's judgment and restoring the judgments of the Trial Court and the First Appellate Court. The Court affirmed that the suit for possession was within the limitation period, considering the exclusion of time under Section 14 of the 1963 Act and the date of decree preparation. The appeal was allowed with no order as to costs.
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